News Release: Friends of the Canadian Wheat Board

Friends of the Canadian Wheat Board
--a coalition of farmers and other Canadians in support of a democratic, farmer-controlled CWB

August 1, 2007

NEWS RELEASE Immediate Release

Federal Court Ruling on Barley is a Win for Prairie Farmers and Canadian Democracy

Winnipeg—Friends of the Canadian Wheat Board (FCWB) today expressed its satisfaction with Judge Dolores Hansen’s ruling on the court challenge it initiated in response to the federal government’s attempt to remove barley from the CWB’s mandate through Order-in-Council rather than legislation.

The court ruled that Agriculture and Agri-food Minister Chuck Strahl’s Order-in-Council was null and void. The court confirmed that crops can only be removed from the CWB’s mandate by Parliament after the Minister has consulted with the CWB’s board of directors and determined the wishes of grain producers through a clearly-worded and fair plebiscite.

“This is not only a victory for farmers,” said Doug Chorney, a grain producer from East Selkirk and a member of FCWB, “it is also a victory for democracy and the rule of law in civil society. Minister Strahl and his cabinet colleagues were attempting to do an end-run on Section 47.1 of the Canadian Wheat Board Act which clearly outlines the legal process for removing crops from the CWB’s marketing mandate. Judge Hansen’s decision protects millions of dollars in additional revenue to prairie producers from single-desk marketing of their barley through the CWB. It also confirms Parliament’s intent to devolve control of the CWB to prairie farmers from the federal government through the amendments to the Canadian Wheat Board Act it passed in 1998,” said Chorney.

In expressing his satisfaction with the court’s decision, Anders Bruun, lead counsel for the FCWB and the twelve farmer applicants, said “I hope that Minister Strahl sees fit to accept Justice Hansen’s decision. This issue has created unnecessary divisions in the farm community. It should be brought to a close as soon as possible so farmers and their governments can focus on real problems. Good politics and good policies bring people together not divide them,” said Bruun.

In commenting on the outcome of its challenge in the Federal Court of Canada, Friends of the Canadian Wheat Board thanked the twelve barley producers from across the prairies who signed on to the court application. Their principled stand contributed to the CWB’s decision to launch its own court challenge a few days later. The Manitoba and Saskatchewan governments signed on shortly thereafter as supporting interveners. FCWB also acknowledged the financial support of both provincial governments as well as the many farmers and ordinary Canadians who put their money where their mouth was and donated generously to the cause.