Politics & Law Collide In Judges Ruling on CWB (Canadian Wheat Board)

The recent ruling by Justice Douglas Campbell stating that Agriculture Minister Gerry Ritz “breached his statutory duty” by proceeding with Bill C-18 before holding a vote among eligible farmers is raising some questions about law vs politics.

Judge Campbell’s ruling puts the Canadian justice and political systems at odds and in some murky waters. The Federal government immediately responded by saying that the ruling would have no effect on the governments plans for the future of the CWB.

There are a lot more questions raised by this decision than answered. What exactly does this ruling mean for Bill C-18? What legal implications are there in that Minister Ritz ” breached his statutory duty”? What does this mean for the future of the Canadian Wheat Board? Most importantly, who holds the power in these cases?

See more about the CWBboondoggle

To talk about these issues I spoke with University of Ottawa Associate Professor of Law, Dr. Carissima Mathen.  Her expertise is in the area of constitutional law.  We asked about the judge’s “stunning decision” and what she thinks will happen next.

You can follow her on twitter at @cmathen.

If you cannot see the embedded video below click here.

 

Shaun Haney

Shaun grew up on a family seed farm in Southern Alberta. Haney Farms produces, conditions and retails wheat, barley, canola and corn seed. Shaun Haney is the founder of RealAgriculture.com. @shaunhaney

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9 Comments

Charlie

HERE COME THE JUDGE? HERE COME THE JUDGE???? CAMPBELL SHOULD BE ARRESTED FOR IMPERSONATING A JUDGE!!!!!
Wheat and barley are not moving the CWB Act is just moving from single desk to a volintary board. The law was not broken..

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Chris

If a plebiscite is ruled as the fair way to resolve this debate, it must include all the wheat and barley farmers in this nation. The fellas in ON and QU deserve a vote too. If the CWB wins that contest, the Easterners will lose their freedom as well. This is not a provincial matter, it’s federal.

And if Canadian farmers collectively vote the CWB is the very best way to market their grain, why would we not enforce that on canola, oats, flax, peas, etc? As a society we would be obligated to protect those who have been misled and believe they can actually market competently on their own.

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DirtFarmer

For the most part, farmers had as hard a time deciding yes or no with regards to the CWB, as they had accepting the arrogance of Gerry Ritz. Not surprised at this ruling.

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Aaron

I’m never voting in a federal elections again! What’s the point? I voted conservative so they could get rid of the CWB like they promised and now a law and an idiot judge can stop it. If the current government can’t change or make a new law what do we even have one for. Maybe we should get rid of parlamint all together and just let the corrupt CWB run the whole country.

If the board is not gone by August 1 I’m never growing another bushel of wheat again. I’m sick of getting fleeced by the crooks in Winnipeg. My wheat should be worth every bit as much as the farmers in ND and Ontario. Not two dollars a bushel less. Let the civil war begin.

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Basic george

this is the best news, and to the wheat board haters just leave canada if you want to gain from the wheat boards loss! the cwb is from a world trade standpoint an undesirable advantage for Canadian farmers but who cares, they will never give it to eastern farmers or growers of non board grains not in the 21st century of globalization.If you dont like the wheat board grow something else, and if the price of wheat is low, grow some pulses. Isnt it nice to know that The CWB is there to take away a little of that risk from harder to grow products and brokers of limited sincerity who don`t work for you!!!if we lose the board we`ll never get it back not in today`s world and don`t be dumb enough to think farmers will gain and you can market your own grain now just don`t be too lazy to fill out the paperwork if your corner a spot market. here`s hoping the law and the CWB
can save the haters from themselves along with the rest of us!

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frank

basic george I don’t think you are much more than a hobby farmer, you don’t have the guts or the brains to market your own grain, and the c wb should stop waste of our money on stupid steam roller ads. and the only reason olberg want to keep the board is to protect his own interests

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frank

basic george I don’t think you are much more than a hobby farmer, you don’t have the guts or the brains to market your own grain, and the c wb should stop waste of our money on stupid steam roller ads. and the only reason olberg wants to keep the board is to protect his own interests.

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cpsask

careful what you wish for boys! i know a few of you (aaron) are very excitable when it comes to this debate. I hate to say it but i think you will be mightily disappointed in the new world. One of the flaws of the CWB i must admit is transparency. if only they would of told you what you got when you hauled in your grain, things might have been different. but to sit here and think you are going to get that much more on an open market is laughable. the grass is always greener on the other side until you get there! Ontario wheat is worth more for a couple of reasons 1) they dont grow a lot 2) they have a significant freight advantage being right by the St. Lawrence and thunder bay. American wheat is operated on a completely different system, i know its tempting to look across the line for those that are close and see what they are getting and be jealous but do you really think that we are going to load up all the trucks and take our grain across the line for a higher price?? NOT GOING TO HAPPEN!! we would be pissed off if the americans did it to us so do you think they are going to open the door and say come on in. get real.

so before you guys get too excited, take a step back and BREATHE!

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