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August 1, 2007

Court Rules Prairie Barley Producers Still Wards Of The State

(Bumped - scroll down for newer entries)

Ugh.

You, the Saskatchewan taxpayer, had a dog in this fight. Despite the fact that the majority of Saskatchewan barley producers voted in favour of marketing choice, Calvert & Co saw fit to shovel your money into a third party court challenge.

In the comments, Larry Weber has a good question: "Now we get to see if this "New Government" and the CWB will throw farmers in jail for honoring their sales contracts tomorrow."

Or maybe they should just shut down the CN rail line.

More discussion at Agriville.

For those of the "premium price persuasion", local radio this morning had a brief response from a barley grower. The decision cost him $40,000.00. He had a contract with a malting company at $4 a bushel. The decision forces him to sell to the CWB for more than a dollar lower.

Search SDA for previous entries.



Posted by Kate at August 1, 2007 11:03 AM
Comments

Kate ,
Dog fighting references have been deemed politically un-correct for at least a week . JJ and AS are gonna be pissed .

Posted by: Bill D. Cat at July 31, 2007 9:40 PM

I can't believe they rpinted that story with a clear conscience?

"In a ruling issued Tuesday, Federal Court Judge Dolores Hansen says the government overstepped its authority in trying to end the monopoly through a simple cabinet order."

Check to see if that judge was drinking. The government of Canada wants to end a monopoly and this judge says the legislators have overstepped their boundaries....by trying to make legislation.

Posted by: gimbol at July 31, 2007 10:00 PM

This may backfire on the CWB monopoly supporters. If "trying to end the monopoly through a simple cabinet order" was insufficient, then I would suggest the Fed Ag. Minister might go full bore and challenge the whole premise of the wheat board's monopoly, even it's very existence, by an act of parliament.

This might have been the bone needed to gather the political will to finish it, once and for all.

Posted by: Schwarze Tulpe at July 31, 2007 10:01 PM

I don't get how anyone that think that the CWB is fair, or just. It is a basic human right that the property of a man's labour is his own. Trudeau took our god given private property rights of us when he didn't right them into the constitution, but I am sure a good lawyer could make some sort of argument that the CWB is unconstitutional. Of course our property rights free constitution also has a clause in it that basically says the government can do whatever they want if they think it is necessary. I wonder if all the people who think Trudeau is some sort of god are aware of what we lost when he gave "patriated" the constitution.

Posted by: mbaron at July 31, 2007 10:02 PM

Wonder what the reaction would be if we had a Canadian Lawyers Board, and the maximum hours they could bill for or charge/hour was set by persons with no connection to the legal profession. But, lawyers in the West could work and charge what they wanted, but those in the East would be bound by the Board.

Posted by: maryT at July 31, 2007 10:09 PM

Gee. The Gummint has to follow law and take it to parliament rather than issuing an order in council. How horrible.

Kate, if it was a minority Liberal government trying to use an OIC to bring barley into the CWB, you'd be screaming about democracy and the will of the people through their elected representatives. Let's try not to be too hypocritical on this issue.

"Canada's New Government" can introduce legislation to remove barley from the CWB when Parliament sits next. I bet you they won't.

And BTW, I've voted Conservative and Reform for years.

Posted by: djb at July 31, 2007 10:19 PM

Nothing like a Liberal appointed Judge going against a legal vote by western Canadian farmers. Going instead on the CWB's word that they get farmers more money for their product.

With friend like the CWB one sure doesn't need enemies.


Posted by: Blackroc at July 31, 2007 10:23 PM

I'm going to tell you one thing,THIS AINT OVER! Up to now the free marketers have been good guys,playing by the rules,but the natives in Ontario have shown us the way and if thats what it takes then so be it.

Posted by: spike 1 at July 31, 2007 10:38 PM

Either make the CWB mandatory all across Canada and see how long it lasts. Or make it voluntary and not just for barley but wheat as well.

Posted by: Blackroc at July 31, 2007 10:42 PM

Oh well.

Now we get to see if this "New Government" and the CWB will throw farmers in jail for honoring their sales contracts tomorrow.

The last Government did. Gonna be interesting to say the least.

Remarks from the Chair:
The CWB's rendition of "We the People"

March 28, 2007

The results of the barley plebiscite announced today are not overly surprising. The CWB has been surveying farmers every year for the past 10 years and these results appear to be consistent with our annual findings.

____________________________

Posted by: Larry Weber at July 31, 2007 10:42 PM

This sucks. Big time.

Well then the next question is if they do take it to a vote in parliament... Should the Bloc be able to vote?? I mean... The Wheat Board's existence is of no concern to any farmer east of the manitoba-ontario border. Although it still wouldn't give the Conservatives majority. Maybe all MP's from ridings East of the Manitoba-Ontario border shouldn't be allowed to vote either.

Posted by: Melissa at July 31, 2007 10:45 PM

Directions by Governor in Council
Directions to the Corporation

18. (1) The Governor in Council may, by order, direct the Corporation with respect to the manner in which any of its operations, powers and duties under this Act shall be conducted, exercised or performed.

Directors

(1.1) The directors shall cause the directions to be implemented and, in so far as they act in accordance with section 3.12, they are not accountable for any consequences arising from the implementation of the directions.
Best interests

(1.2) Compliance by the Corporation with directions is deemed to be in the best interests of the Corporation.
Purchase of wheat only

(2) Except as directed by the Governor in Council, the Corporation shall not buy grain other than wheat.
R.S., 1985, c. C-24, s. 18; 1998, c. 17, ss. 10, 28(E).


- From the Canadian Wheat Board Act. Seems to me that this judge didn't read the Section where the government can set directives to the corporation by Governor in Council as an alternative to changing the law.

Posted by: Andrew at July 31, 2007 10:46 PM

Good ruling.

The judge found that Harper's cabinet tried to usurp an authority that is expressly reserved to parliament.

Their undemocratic tendencies finally caught up with them.

Posted by: Stephen at July 31, 2007 10:46 PM

Hey guys!

Charlie Mayer tried this back in the day and was rebuffed by a federal court judge who had just been appointed by the Tories when Mulroney was PM. The way to go is with an amendment to the Wheat Board Act.

D'oh!

Back to Parliament!

Posted by: Andy at July 31, 2007 11:19 PM

Let's see here some unelected unacountable judge can over ride the express will of the barley producers and the elected government so some unaccountable monopoly can continue to prevent said barley producers from selling the very thing they produce BARLEY in the most finacially beneficial way possible. Democracy Canada style.

Posted by: Joe at July 31, 2007 11:33 PM

Any chance of finding out who this judge is and what her background is?

These cwb supporters are such scared, petty little vermin to want to subject all other farmers to their ideas of utopia.

Pathetic.

Posted by: Sid at July 31, 2007 11:35 PM

Stephen,

Simple question. Are you a farmer?

Posted by: ural at July 31, 2007 11:45 PM

Why take the shackles off the poor farmer? He is able to be controlled as long as he is kept poor. Give the farmer some money and some confidence and they have "power". That is the last thing that the left side wants because once we get a taste of the green paper who knows what we will do with it. We may start the next OPEC for farmers. Hold on, that almost sound like the CWB. But the farmers dont push up the price of grain with the CWB the just give it away at rock bottom prices to whoever wants it. Lets get with it, Get in your trucks put on a load of barley and head across the 49th paralel. In a push of solidarity we will be victorious. If not we will have a great winter holiday in the P.A. pen. What do we have to loose?

Posted by: Dwight at July 31, 2007 11:48 PM

Stephen,

Simple question. Are you a farmer?

No, but I'm someone interested in seeing the government follow the law.

Posted by: Stephen at July 31, 2007 11:52 PM

Stephen,

Thanks for your response. I am also not a farmer. I am more concerned about the farmers who assume the risk (free enterprise) also being allowed to choose who and when they sell the outcome of their risk to.

BTW: The government should be making the laws, not some unelected tyrants for life.

Posted by: ural at August 1, 2007 12:12 AM

How about freedom Stephen? Does that interest you at all?

How would you like to only shop at one store for your whole life?

How do you think most farmers feel about being forced to sell their product to only one buyer who "claims" that they give a premium price even though it is never proven?

Posted by: Sid at August 1, 2007 12:14 AM

The government has a few options here:

They will likely appeal the verdict. However, the chances of success are likely to be poor.

They would be far better off with bolder action, such as firing Ken Ritter and stacking the CWB. Only then would an appeal have a chance of success.

As far as my stake in this goes, if the government does not announce some concrete action within the next few days, action which has a reasonable chance of success, that's it for my contributions to the federal Tories. I suggest that anyone else who feels the way I do on this issue do the same. Hit them in the pocketbook. I'll be making these views clear tomorrow at what should have been barley freedom day.

If the Tories throw down the gauntlet over this issue, the opposition is not going to call an election over an issue that 2/3's of Canada couldn't care less about.

Posted by: Dennis at August 1, 2007 12:16 AM

'The Friends of the Wheat Board consists of a non-partisan coalition of farmers and farm groups who believe farmers should decide the fate of the Wheat Board in a climate of informed debate without government interference.'

'PROVINCE SUPPORTS LAWSUIT BY FRIENDS OF THE WHEAT BOARD'

Noooo, no government interference. Just more of Calvert's cronies sticking their noses into more sh*t they they think they should to stir up.

Do me a favor, change the laws so I can brew my own Barley and distill my Rye so I can at least DRINK my losses. - PD-

Posted by: MrPaulDecker at August 1, 2007 12:24 AM

'The Friends of the Wheat Board consists of a non-partisan coalition of farmers

Just as non partisan as Friends of Medicare

As a Canadian I can only say that with Friends like these who needs Enemies?

Posted by: Joe at August 1, 2007 12:37 AM

Ugh.

You called?

Despite the fact that the majority of Saskatchewan barley producers voted in favour of marketing choice, Calvert & Co saw fit to shovel your money into a third party court challenge.

But centrally planned and funded socialist crapola is great for Iraqi and Afghan farmers. I read it here m'self.

Wait til Hillary and L'il Trudeau start going National Solidarity Program (NSP) on your own countries. Local people don't like it? Too bad! "The central government has mandated these programs as a condition of receiving development grants." They enforce it with leopard tanks and laser-guided munitions over there ... do you think they'll suffer stubborn fools lightly when their domestic crown-jewel welfare programs are at stake?

Mix up the fairness doctrine, suspension of habeus corpus, secret wiretaps, gun control, federal emergency powers, an expanded military, a recession, and then sit back and enjoy your big, fat government sandwich.

Posted by: Ugh at August 1, 2007 12:37 AM

Just another day in soviet canuckastan caused by Trudopean laws made to have parliament interferred with unelected judges.

The WEST WANTS OUT!

Vive D'Alberta Libre

Posted by: cal2 at August 1, 2007 1:04 AM

I sold my malt barley to a pelleting plant for feed and got 3.25 a bushel. i had all my money in my pocket within two weeks.

The cwb was paying 2.49 initial a bushel for 2row ss malt at the time....with possibly more to come if the cwb doesn't squander it on court challenges!
btw...it would take a year to see if any more money was going to arrive from the cwb.

....that cwb sure helps doesn't it!

do you suppose this judge would have given the same ruleing if we were talking gay rights?
One set of rules for the east and one for the west!

what bull shit!


Posted by: bygeorge at August 1, 2007 1:27 AM

Stephen - It's clear that you have no care for the people or the wishes of the people. You are one of those "who must get back into power as quickly as possible". To you freedom is nothing, power is everything.

Posted by: the bear at August 1, 2007 1:28 AM

I have to let this out - when will the people of Saskatchewan have their chance to oust the retard Calvert and rest of his inept subjects? I'm getting so sick of the crap the NDP pulls and am getting really tired of their party holding back the rest of Saskatchewan.

I'm sorry, I had to rant.

Posted by: postscript at August 1, 2007 1:50 AM

I say only one thing ... it's a sad day for Canada ... Western Canada ... those same "farmers" that frequent my business (which has no regulation ... like all other businesses except farming) ... its a sad day.
Hiel hitler!

Posted by: Rick Wyatt at August 1, 2007 2:15 AM

I say only one thing ... it's a sad day for Canada ... Western Canada ... those same "farmers" that frequent my business (which has no regulation ... like all other businesses except farming) ... its a sad day.
Hiel hitler!

Posted by: Rick Wyatt at August 1, 2007 2:15 AM

I did a took-a-look at some other comments from other sites on this.

What is a democraticaly CONTROLLED and a democraticaly OPERATED organization?

You know, I don't know Harper from Trudeau ... when I went to school they weren't in the dictionary.

I remember though ... democratic was!

So ... a judge (appointed) ruled the democratic (I thought the majority of votes) method ... was not correct.

.... dummy me .... this is making me think.

SHOULDN'T YOU?

Posted by: Rick Wyatt at August 1, 2007 2:37 AM

This really has me miffed.
(Haven't heard that word in a while I'll bet)
I want one ... just one - and anyone ... from the East to explain to a moron like me WHY things there must be different from here in the West.
And, to bait the bear, Stephen, if they can't do that, will you stand up to the plate please and do so?
Why do things like this with the CWB affect only the West?

Posted by: Rick Wyatt at August 1, 2007 2:57 AM

The judge must have a dog in this fight!

The farmers of W Canada should do what Dwight suggests - the judges could fill up the jailhouses or...Dare them!! I know that is easy for me to say since I grow no grain but I was once a W. farmer's kid and I know how my dad HATED the CWB. The CWB has spun off the rails this time - it is hard to believe that a judge would climb on that train wreck with such wanton abandon. Things that make me go hummm?

Thanks for posting this Kate. The next few days could be very interesting for the swine at the CWB.

Posted by: Jema54 at August 1, 2007 3:00 AM

Neither sid nor ural nor the bear seemed to want to discuss the gov't's need to obey the law. Can a lawless gov't preside over a true democracy?

Posted by: stephen at August 1, 2007 4:15 AM

we will just shut the border to you commie bastarts!!! This is an Albertan talking!!!!!

Posted by: S.G. Larson at August 1, 2007 5:34 AM

Mbaron said,



I don't get how anyone that think that the CWB is fair, or just. It is a basic human right that the property of a man's labour is his own. Trudeau took our god given private property rights of us when he didn't right them into the constitution, but I am sure a good lawyer could make some sort of argument that the CWB is unconstitutional. Of course our property rights free constitution also has a clause in it that basically says the government can do whatever they want if they think it is necessary. I wonder if all the people who think Trudeau is some sort of god are aware of what we lost when he gave "patriated" the constitution.



The fact is that property rights are enshrined in the constitution and Canadian Law.  The rights of course belong to the Crown and her minions.  Who do you think you are peasant!



All property belongs to the Crown and the ruling class. Subjects merely have limited rights to “real estate” not real property.

Posted by: KPD at August 1, 2007 8:19 AM

And another thing my Canadian brethren, stop implying that Canada is a democracy. It is literally the furthest thing from it. Canada is a parliamentary monarchy with extremely limited democratic processes and very few elected officials. Furthermore those officials that are elected are inconsequential and none of them has any executive power with maybe exception to the mayor of your town council.

I defy any Canadian to show me any ballot that has the Head of State, Judge, Sheriff or Police Chief, Premier or Prime Minister on it.

Posted by: KPD at August 1, 2007 8:29 AM

Could this be the correct time for Harper to use and enforce the Charter "Right" and counter with the "notwithstanding" clause to negate a possible flawed judgment?

Posted by: Joe Molnar at August 1, 2007 8:40 AM

will the farmers of western canada bend over please. i will only use a little KY this time so you can feel the burn.

Posted by: darcy at August 1, 2007 8:59 AM

will the farmers of western canada bend over please. i will only use a little KY this time so you can feel the burn.

Posted by: darcy at August 1, 2007 9:00 AM

Judge's name is Delorus Hansen

Posted by: HFL at August 1, 2007 9:06 AM

This is the Judge's decision. It's 20 pages long. Her decision is not precedent setting. This decision has been made before when other gov'ts tried to change the Wheat board.

http://cas-ncr-nter03.cas-satj.gc.ca/rss/T-1105-07.pdf

Delores Hansen. - Born October 16, 1946 in Edmonton, Alberta. Education at University of Alberta. Called to the Alberta Bar, 1970. Associate, then Partner: Brosseau, Maccagno, Nemersky later Brosseau, Odishaw Hansen & Turfus, 1970-82. Appointed Judge of the Provincial Court of Alberta, September 6, 1982. Deputy Judge of the Territorial Court 1992-94, 1995-97, 1998-1999. Associate Director, National Judicial Institute, 1992-93. Executive Director, National Judicial Institute 1993-99. Appointed Judge of the Federal Court of Canada, Trial Division and ex officio member of the Court of Appeal, December 8, 1999. Appointed Judge of the Court Martial Appeal Court of Canada, March 23, 2000. Since July 2, 2003, the date of the coming into force of the Courts Administration Service Act, she is now Judge of the Federal Court.

Posted by: Leslie at August 1, 2007 9:42 AM

I suspect that the government already has got a contingency plan. Read this document from the Western Canadian Wheat Growers, page 3.

"To guard against the possibility of legal action, the Wheat Growers believe it would be prudent for the federal government to have alternate regulations ready to be implemented if the proposed regulations are overturned by the courts. We note, for example, that a marketing choice environment can be implemented by instructing the CWB to (a) issue no-cost export permits to any farmer or grain company that wishes to apply for them; and (b) allow domestic malt processors to purchase barley directly from
farmers."

http://www.wheatgrowers.ca/pdf/policy/WCWGA_submission_barley%20regulations_May-10-07.pdf

Posted by: LynnH at August 1, 2007 9:43 AM

Although I find the CWB nausiating and it's very existance offensive, I think that we need to read what the judge said (and I'm not a defender of them either.)

They didn't say that the government couldn't scrap the CWB or any part thereof. She ruled that only parliament has the power to do so. It means that the CWB can be changed or scraped by an act of parliament.

Introduce the bill and have it voted on. Make the CWB apply to Ontario and Quebec if the opposition votes it down.

Posted by: Warwick at August 1, 2007 11:51 AM

I think the Judge should have made it really fair and inflicted the Wheat Board on ALL Canadian farmers.

Ontario & Quebec would be so pleased.

Posted by: Fred at August 1, 2007 11:57 AM

So the (Liberal) judges are running the country now.

Posted by: Wimpy Canadian at August 1, 2007 12:30 PM

Are you people so partisan and dumb that you don't see that the ruling was about the "method" in which it was handled?

Strahl, et al acting like thugs is not the way.

Sigh......

Posted by: Sara at August 1, 2007 12:47 PM

Sara,

Many things are handled without a full vote in parliament. The liberals made use of this AT LEAST as much as the CPC is.

The "acting like thugs" line was cheap and gratuitous.

Acting like thugs was a Chrétien specialty. The RCMP were Chrétien's personal mob enforcers (BDC, Peppergate, harassment of Bidard -as nutty as she may be, etc.)

Posted by: Warwick at August 1, 2007 12:53 PM

Hey cal2, I used THE WEST WANTS OUT slogan in the 1988 federal election when I ran for the Western Independnce Party against Don Mazankowski.

That's how ticked I was against the CWB and the other inferior federal governing that was going on in the 1980s.

And still am.

That was also my eye opening experience to the MSM and its strange, biased operations.

It really makes one appreciate this fine website Kate runs where conservatives, and others, can voice their uncensored opinions.

Posted by: rockyt at August 1, 2007 1:17 PM

"Introduce the bill and have it voted on. Make the CWB apply to Ontario and Quebec if the opposition votes it down."

Warwick....fair is fair....I like your idea.

Posted by: Canadian Observer at August 1, 2007 1:29 PM

The champagne bottles have been uncorked at the CWB, Welcome back comrades.

Posted by: bryanr at August 1, 2007 1:55 PM

Warwick's got the right idea. Harper should have two bills ready to go in the fall: one to strip barley from the CWB's jurisdiction, one to add Ontario & Quebec to the CWB's jurisdiction, and put them both up to votes. Declare that neither are confidence motions and that Conservatives are free to vote their conscience. Watch the Liberals and NDP spin themselves into hypocritical oblivion claiming (from their farmer-less, metropolitan seats!) that the CWB is good for western farmers but bad for eastern farmers.

Posted by: Ian in NS at August 1, 2007 2:20 PM

Anyone notice that around when the wheat board was created 1935 that the "rural" population out west started to drop. I guess taking the 1$ per farmer per bushel hurts.

Posted by: DrWright at August 1, 2007 2:30 PM

I'm no farmer, and never spent significant time out west.

However, when it comes to the CWB, I thought one of the reasons it was set up was to ensure that farmers could get some security.

Correct me if I'm wrong, but I thought that when market prices are high (like now), the farmers would receive less than market value for their product. However, when market prices are low, farmers would receive a stable and fair price for their product, likely over and above what market value actually is at that time.

Maybe it's just me, but I was under the impression thats what it was supposed to do.

For a bunch of people who decry government hand-outs and welfare, I would assume y'all would be supportive of a system that allows farmers to pay themselves with their own money.

Posted by: Throbbin at August 1, 2007 2:50 PM

Throbbin,

You don't understand economics. When farmers sell their product in an open market, the price they get IS the market value. You only get more or (in the more usual case,) less than the market value when you aren't allowed to sell IN the market by a socialist monopoly.

Posted by: Warwick at August 1, 2007 2:55 PM

Oh what's this? In the wake of the ruling barley prices are falling. Nice for the buyers to know that they don't have to pay competitive prices now.

http://www.wce.ca/index.aspx

Posted by: Reid at August 1, 2007 2:59 PM

Oh, and the system doesn't let the farmers pay themselves with their own money. That is what the market does.

A socialist system lets government workers pay themselves with farmer's money.

The reason they lose over time is that the fat mandarins don't have an incentive to produce the maximum benefit for the farmers but the maximum benefit (in both pay and in jobs) for themselves.

You also have a drag from the inefficiencies of a government monopoly's operating costs which will always outweight any fictitious "pricing power" that comes from a "single desk" which is a concept that doesn't work on the sell side when their are more than a single desk (i.e. other countries and provinces not under the monopoly.)

This scheme was a make-work project for government and a pretend "collective farm" concept for the socialist left.

Posted by: Warwick at August 1, 2007 3:00 PM

Gee, imagine that, who would have thought that so many would be so upset that a government overstepping its' authority should be pulled up short by a court of all things.... the absolute horror of it all 'eh?

Posted by: stageleft at August 1, 2007 3:40 PM

CWB claims that it speaks for farmers and their best interests. Yet, when farmers clearly voted for a change the CWB uses the courts to prevent it. I guess the CWB must be wiser and are only protecting farmers from themselves. Doesn't that sound eerily like the "beer and popcorn" Liberals mentality?
If I were the CWB and supporters, I would hardly call it a victory to circumvent the majority of your clients wishes.

Posted by: LynnH at August 1, 2007 3:49 PM

"This scheme was a make-work project for government and a pretend "collective farm" concept for the socialist left."

The scheme was divised by the Conservative gov't led by R.B. Bennett. They introducing legislation to create the Canadian Wheat Board. Prior to that, the gov'ts of Manitoba, Saskatchewan and Alberta had wheat pools. They were voluntary but most farmers used them. During the depression Farmers screamed for the Federal gov't to intervene. The economic situation of the 1930s resulted in financial disaster for the Wheat Pools. They overestimating the price of wheat for 1929 (the year of the stock market crash), the Pools were forced to take out major loans from the banks to pay farmers. Wheat prices continued falling throughout the 1930s and the Pools were unable to meet the loan payments. The Prairie provincial governments guaranteed bank loans to the Wheat Pools, and then turned to the federal government for assistance.
Hence the Wheat board was born. BTW, the Farmers supported the Wheat board because it came them financial stability instead of bankruptcy. Even prior to the voluntary Pools the railways, grain companies, etc. took advantage of them.


Posted by: Leslie at August 1, 2007 4:04 PM

Leslie said: "BTW, the Farmers supported the Wheat board because it came them financial stability instead of bankruptcy."

And now many farmers want *not* to have to sell through the board.

So what is the next step?

Posted by: Buffalo Bean at August 1, 2007 4:10 PM

Times have changed and prices are good. You change it by changing the law. Parliament makes laws.

Posted by: Leslie at August 1, 2007 4:18 PM

What I simply don't get is why does not the federal government simply shut down CWB and fire its staff?
Then they can bitch and sue for whatever they want, w/o actually causing any harm and wasting taxpayer's and farmers' money.
Just get the keys to the building, lock the doors, turn off the utilities - end of story. That's all, folks!
No, they have to listen to the garbage the CWB leaders have to say from their cozy offices. Why oh why?

Posted by: Aaron at August 1, 2007 4:28 PM

"What I simply don't get is why does not the federal government simply shut down CWB and fire its staff?"

The Wheat board is not a Crown Corporation. Most of it's Directors ( the majority ) are elected by the Farmers. The Gov't can't fire the Farmers elected representatives.

Posted by: Leslie at August 1, 2007 4:30 PM

Leslie said: "Times have changed and prices are good. You change it by changing the law. Parliament makes laws."

The problem, for those who want to change nwith the times, is that they are compelled to operate in line with the majority of farmers in The West order up.

And that is key...only in The West.

Those east of Manitoba operate on a different scheme, and therein lies the rub.

It is laughable, futile even, to think that *this* parliament could simply change the laws.

There is a total lack of understanding of the *inequality* of farmers in this country, when it comes to marketing their own product.

Posted by: Buffalo Bean at August 1, 2007 4:49 PM

headlines read.....barley prices in free fall on the winnipeg exchange....isn't the single desk wonderful?????

Posted by: stubby at August 1, 2007 4:53 PM

Isn't it time for the CWB board to give a bonus to all CWB employees ... extra work and all of that ... and maybe some extra for anxiety.

Posted by: ural at August 1, 2007 5:09 PM

By September of 1943, ... As a consequence,

the cabinet met and decided that as a wartime price control measure it would provide itself, through the CWB, with a temporary monopoly on wheat. Its stated purpose was to stop a continued advance in wheat prices as well as any further drain on the treasury.

http://marginalizedactiondinosaur.net/?p=761

So it’s ok for Cabinet to create the monopoly but, Cabinet can’t remove it?

Wonder who the judge votes for, not,...

Posted by: DrWright at August 1, 2007 5:38 PM

"No, but I'm someone interested in seeing the government follow the law."

So stephen why can the cabinit create a monopoly by, as you say King, broke the law and was undemocratic but,..

not undo the monopoly by the exact same [undemocratic, unlawful] process?

Posted by: DrWright at August 1, 2007 5:45 PM

Barley Drops Limit
Western barley dropped sharply...with cash bids falling as much as C$0.70/bu

Feed wheat posted losses in sympathy with the declines in the barley market.

From www.wce.ca

Posted by: doug at August 1, 2007 5:51 PM

So stephen why can the cabinit create a monopoly by, as you say King, broke the law and was undemocratic but,..

not undo the monopoly by the exact same [undemocratic, unlawful] process?

I'm finding it hard to unscramble this attempt at a question: the short answer would be that today's cabinet has to follow today's law.

Harper and Strahl undoubtedly got legal advice from their own department telling them just that, but they chose to ignore it for their own reasons, reasons they should have to explain to farmers and citizens alike. (Don't hold your breath!)

Meanwhile, there's no point asking me about the irrelevant actions of King's cabinet, whatever they may have been. The judge's decision makes it pretty clear why Harper & Co. couldn't do to the CWB what they tried to do: they have to follow the law, and they didn't.

Posted by: Stephen at August 1, 2007 6:14 PM

The law, in this country, is whatever the judges say it is. They've already "read" things into the Constitution that aren't there.

Posted by: ol hoss at August 1, 2007 7:51 PM

Sooo Stephen ..does Canada E of Manitoba vote on mandatory selling to the CWB (for the spectacle!) and then just eat their losses on the contracts the farmers in the E. will be forced to cancel when they are FORCED (by fairness and Justice) to become wheat board serfs?

This is not just about a hated institution that favours big collective farmers, it is about Justice. The West has been a cash cow for E. Canada for as long as this country has existed; now the west is richer...you know what that means...he who pays the bills rules the roost. I can't include the provinces of Sask and Man because they have lived under oppressive, regressive Stalinist type governments for many years and thus retarded their own development.
If Sask. gets rid of that Loony Lorn albatross they have been lugging the stinking carcass of, for many years, and elects a modern progressive government that will encourage success in individuals, the Eastern fringe of this country had better get used to the back seat and no cow to milk.
The 3 Western provinces could shift the gears of the old Volvo, maybe even trade it in on a new Ford or Chev. Bound to turn up the toes on millions of Birkenstock!

Posted by: Jema54 at August 1, 2007 7:55 PM

This ruling is just incredibly depressing.

guess it really shows how peasants are ruled in this country

I would remimd stephen that if they can do it to the farmer they can do it to him also on something he cares about.

Canadian Law is willy nilly and has no basis since Trudeau brought in that rag (constitution)
It garantees that lay people will always be carying the hammer and sickle, that communist bastard.

wheatboard control over barly can only be determined by a liberal cabinet apparently!
afterall they are the natural ruling party.
at least they think so and so aparently does the ruling class.

might be time to drink and smoke pot, if your drunk and high maybe this all just won't matter anymore. Hey but then I guess they'd win cause you'd have become one of them, a liberal!

so depressing, Canuckistan seems so hopeless

Posted by: Jared at August 1, 2007 8:44 PM

Sara,

"the ruling was about the "method" in which it was handled?"

Well, the methods of the Liberals were never overturned by the judges they selected. Why weas that?

Posted by: Wimpy Canadian at August 1, 2007 9:11 PM

Good point whimpy!

Posted by: Jema54 at August 1, 2007 9:19 PM

"Wonder who the judge votes for"

If I had to make a bet, I'd say Conservative. Raised in Alberta, studies in Alberta, appointed to the court in Alberta. I can't remember the last time Alberta voted Liberal.

The judge wasn't asked what their personal opinion was. The judge is asked to make a decision based on the law. A good judge does not let their personal opinions influence their judgement. That has recently been called an "activist judge". I read the judgement. It seems rooted in law and has been ruled on before by other judges ( with the same results ).

Posted by: Leslie at August 1, 2007 9:19 PM

Leslie, your bit of history is very instructive.

First, it shows that not all "conservative" governments actually do conservative things.

Second, you illustrate the failure of government market interference - the failure of the provincial wheat boards. They were rescued by a mega-government - the feds which had deeper pockets, but playing the exact same, failing, game.

Third, the depression was caused by governments doing exactly this sort of thing.

Posted by: Wimpy Canadian at August 1, 2007 9:23 PM

I know, stupid question.

Why does the canadian WHEAT Board control the price of BARLEY?

Posted by: Wimpy Canadian at August 1, 2007 9:31 PM

"Third, the depression was caused by governments doing exactly this sort of thing."

There is no consenus on what caused the depression. Most believe it was simple market correction. It can't keep going up and up without ever coming down.
Others believed that it was because the gov't didn't spend enough to keep wages high that caused it.
Most believe the first one.

Posted by: Leslie at August 1, 2007 9:41 PM

Yes I think it is time we in the colonies break away from high lords of the east.As we have heard many times, the good thing that comes from the east is the sun.

Posted by: sysk at August 1, 2007 11:33 PM

Can a lawless gov't preside over a true democracy?
For goodness sakes, Stephen, this was a court case. The outcome could as easily gone the other way. Your seem to believe that the government is deliberately being "lawless" prior to a decision being made over whether or not the action was lawful or not. All that the Harper government was trying to do was to allow a group of farmers who supported independent selling to do just that. In other words, they were acting on behalf of the people. I am concerned that with the requirement to bring the issue to Parliament, party politics will prevail -- and the interests of the farmers will be lost. I had only to hear that one farmer lost $40,000 on the immediate price fall to feel that the courts have perpetrated a major injustice on this issue. It raises my suspicions about the courts themselves being political tools. I think a case could be made.

Posted by: LindaL at August 2, 2007 12:44 AM

Regarding my previous post - I do have a rudimentary grasp of economics.

One of the things I learned about economics is that markets fluctuate. I vaguely remember Farmers being paid a constant and substantive income even when there are droughts and and bad crop years.

What would you (Warwick) do when the farmers, on an absolutely free-market system, when there's a bad crop year, or when the price of wheat or barley is so low they cannot make a decent living?

It was my non-farmer, non-western perspective that led me to believe that farmers might actually like some income security (much like EI).

If times are bad, I highly doubt some farmers are going to be complaning if and when the CWB pays them more than market value for their product.

Posted by: Throbbin at August 2, 2007 12:51 PM

The only commodity the cwb handles is wheat and barley.
All other crops are marketed by the farmer him or herself.
I don't suppose the fact that these are the two major commoditys sold.....have anything to do with the fact that the cwb wants their greedy little fingers in the pie.

What? they don't figure the farmer can market these by him or herself? Why not, they market everything else!

No wonder barley dropped....customers know they will be getting it for half price again, now that those usless 500 in wpg are back in the saddle again!

common Harper, appeal this ruleing now...lets get on with it!

Posted by: bygeorge at August 2, 2007 3:05 PM

Hey Throbbin, just where does the extra money come from to pay western farmers when the world grain prices are low?

That's right, it doesn't come from anywhere because 98% of the time farmers get WORLD LOW PRICES for their grain when world grain prices are low.

What the CWB does, in reality, is cut the top off of the high world grain prices and equalize the prices into mediocre world grain payments to farmers.
Minus handling fees, under the table payments and donations to favorite political parties, like the crooked Liberal Party of Montreal and Toronto.

But on the other hand, there is NO FLOOR PRICE for grain sold by the CWB.

And so western farmers get the full benefit of low world grains, he said sarcastically.

In fact, the CWB does such a great job of getting premium prices for western grain that only about 70% of western farms are on life support by off-farm income.

Posted by: rockyt at August 2, 2007 8:23 PM

Well said Rockyt.

The CWB is and always has been as corrupt. I think it was developed to run small farmers out of business so the CCFers could see their dream of a giant state- owned farm emerge on the Canadian prairies.

Farmers and ranchers used to own their land and they were often self confident, opinionated, independant, anti government characters. Big brother did not like that!! So, with the help of the Liberal Party 'closet' Bolsheviks they devised a system to make those 'clodhoppers' who dared defy the holy cow (the government officials) DEPENDANT on the government in a very direct way.

We all saw what happened to the farmers who defied the CWB a few years ago and sold their own wheat accross the border - they weredragged into the court in chains like common CRIMINALS and put in the jailhouse. What did they do? Why they defied the holy cow - the CWB!

W. farmers MUST fight this very Liberal judge who does not own the wheat farmers of this country produce; she is not qualified to rule after the fact - a vote by all parties with a dog in the fight was a done deal. Now the Bloc will maybe ask a judge to rule on the separation vote that was staged here a few years ago. Maybe she/he will nullify that vote. Just use your imagination Folks! The Treaty Rights thing is another 'grey' area - a judge could overturn the silly dead Queens decision because it was undemocratic; she did not ask the non native or the native people in Canada their opinion.

This judge has set a precedent in her silly pandering to the Liberal Party, with it's unhealthy ties to the CWB, her daft decision has unforeseen consequences once people realize what she has done - the lawyers are sharpening their pencils, me thinks.

Posted by: Jema54 at August 4, 2007 2:46 AM
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