On December 10, 2011, The Vancouver Sun reported “The Federal Court has decided the government's legislation making changes to the Canadian Wheat Board is an "affront to the rule of law."
http://www.vancouversun.com/Parliament+change/5841581/story.html#ixzz1gBtdrQrD
http://www.vancouversun.com/Parliament+change/5841581/story.html#ixzz1gBtdrQrD
The Winnipeg Press reported on December 10, 2011 “This week's Federal Court ruling the Harper government broke the law when it introduced legislation to change the Canadian Wheat Board without consulting farmers adds a surreal twist to an already bizarre saga.”
The Canadian Press reported on December 9, 2011 that “On Wednesday, Justice Douglas Campbell ruled that the bill violates the act, which requires any changes to be subject to a plebiscite among producers.”
The information from these newspapers is incorrect. The ruling is based on the Minister of Agricultural Gerry Ritz' conduct only, in regards to section 47.1 of the Canadian Wheat Board Act, RSC 1985, c C-24 “which requires the Minister to engage in a consultative process with the Canadian Wheat Board”.
Federal Court Judge Douglas Campbell stated the purpose of the proceedings:
The present Applications are simple in nature; they are directed at an examination of the
Minister’s conduct with respect the requirements of s. 47.1. The Applicants confirm that the
validity of Bill C-18, and the validity and effects of any legislation which might become law as a
result of Bill C-18 are not in issue in the present Applications.
...The Applicants make it clear that their Applications are no threat to the Sovereignty of
Parliament to pass legislation.
What Federal Court Judge did find was that:
Had a meaningful consultative process been engaged to find a solution
which meets the concerns of the majority, the present legal action might
not have been necessary...
...that the Minister will be held accountable for his disregard for the rule of law.
...find it is fair and just to issue the Breach Declaration on each Application.
Therefore, Minister Gerry Ritz is guilty of breaching section 47.1 of the Canadian Wheat Board Act. He broke the law.
But what is the consequence or his actions?
For a Government that says they are for law and order, shouldn't they have Mr. Ritz removed from Caucus until this legal matter is dealt with? They don't think so. They have decided to appeal the decision and spend taxpayers money in the courts rather than follow the rule of law and consult the farmers, a more cost-effective and common sense solution.
But, why didn't the Wheat Board not raise the issue of validity of the legislation. Perhaps one can not fight legislation as it is being debated. Perhaps they wanted to make sure that Minister Ritz is found guilty of breaching section 47.1 first so that they can use that to support and question the validity of the bill, or at that point, the law?
What are your thoughts?
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