(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.
Kate ,
Dog fighting references have been deemed politically un-correct for at least a week . JJ and AS are gonna be pissed .
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.
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.
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.
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.
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.
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.
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.
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.
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.
____________________________
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.
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.
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.
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!
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.
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.
Stephen,
Simple question. Are you a farmer?
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?
Stephen,
Simple question. Are you a farmer?
No, but I’m someone interested in seeing the government follow the law.
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.
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?
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.
‘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-
‘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?
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.
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
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!
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.
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.
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!
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?
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?
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.
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?
we will just shut the border to you commie bastarts!!! This is an Albertan talking!!!!!
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.
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.
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?
will the farmers of western canada bend over please. i will only use a little KY this time so you can feel the burn.
will the farmers of western canada bend over please. i will only use a little KY this time so you can feel the burn.
Judge’s name is Delorus Hansen
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.
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
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.
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.
So the (Liberal) judges are running the country now.
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……
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.)
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.
“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.