A Manitoba Court of Queen's Bench judge
reserved his decision Wednesday on whether to grant an injunction that
would halt implementation of Ottawa's new grain marketing law.
Eight former Canadian Wheat Board directors brought the
application before Justice Shane Perlmutter, who presided over a two-day
hearing.
They're seeking the injunction until the validity of the Harper
government's Marketing Freedom for Grain Farmers Act is tested in the
courts. The act, proclaimed in December, would end the CWB's monopoly on
Prairie wheat and barley sales.
The eight former directors — all farmers — sought the injunction
after a Federal Court judge ruled last month that Agriculture Minister
Gerry Ritz broke the law by introducing Bill C-18 in October without
consulting the board or holding a plebiscite of Prairie grain growers.
The federal Conservatives proceeded to pass the new law, despite the
ruling.
On Wednesday, federal lawyer Robert MacKinnon argued that Federal
Court Justice Douglas Campbell's ruling did not invalidate the new law.
He said the ruling was simply a declaration about the minister's
actions.
MacKinnon noted that the former directors' own lawyer had made it
clear in Federal Court that they were not challenging the right of
Parliament to pass Bill C-18.
"There's nothing in the declaration to even suggest that the bill
should be withdrawn or that it is invalid," MacKinnon argued. "You
cannot make a brick out of a single grain of sand here."
On Tuesday, the lawyer representing the eight former directors —
who were removed from office when the new grain marketing act came into
force — said Ottawa's failure to give Prairie farmers a vote, as
required under the old legislation governing the CWB, was "an affront to
society as a whole."
Colin MacArthur also argued that ending the grain seller's single
desk would cause "irreparable harm" to western growers.
But MacKinnon disputed that on Wednesday. He said it is not an
established fact, as argued by CWB proponents, that the board's
single-desk marketing function provides farmers with better returns than
they would receive by selling their grain on the open market.
He also argued that the uncertainty created by the former
directors' legal actions could negatively affect Prairie farmers.
International grain buyers may question whether Canada will be able to
meet its commitments as a supplier, he added.
Freedom for Farmers
Our government was elected with a strong mandate from
prairie farmers to deliver on our commitments, and we have done just
that.
Finally, for the first time in 68 long years, Western
farmers have the freedom to take full control of the marketing of their
wheat and barley. With the act now in force, wheat and barley farmers
across Western Canada will be able to start forward contracting
immediately for delivery beginning Aug. 1, 2012.
Our government has not wavered on our commitment to
marketing freedom, and we never will. Farmers must have the freedom to
market their crops in the best interests of their individual farms, be
it to a processor, a pasta manufacturer, a flour mill or malt barley
plant, or a viable, voluntary, Canadian Wheat Board.
While I am proud of the role our government has played
in making marketing freedom a reality, we did not do it alone. This is
truly the result of decades of hard work by prairie grain farmers, the
entire grain value chain, farm group leadership, and the provincial
governments who recognized that Western farmers deserve the same rights
as Ontario farmers to market their own crops.
Whether you operate a large, mid-sized or small farm;
whether you want to sell off the combine or out of the bin; or whether
you want to take charge of your marketing or prefer the comfort zone of
a pool. All farmers now have the freedom to drive their businesses where
the rubber meets the road - at the point of sale.
When one looks at the innovation and the richness of
resources that bless our great nation, it is clear that opportunities
are there for the taking. These opportunities are evermore bolstered by
the fact that Western Canadian grain farmers finally have the marketing
freedom they want and deserve.
Gerry Ritz, Ottawa Agriculture Minister
The Last FFJ'rs Are
Released!!
December 4, 2011 marked the date for the
last of the three FFJ famers to be out of released from prison, a full
NINE YEARS (2002!!) after the fourth farmer jailed was released.
Andy McMechen and his family finally had their 1996 Christmas Wish
happen when Andy was released. He was jailed in July of 1996 for
not paying fines after taking his tractor and grain to feed his
cattle. The years that it has taken - and all the while the CWB
monopoly happily keeping their fist on Western Canadian farmers.
Thanks PC government for changing our lives!!
A year has passed...
A year has passed but we
still realize that FFJ'ers, the fight for CHOICE, the fight for no
MONOPOLY with the CWB lost a VERY strong voice in DAN CREIGHTON.
He was willing. And he
committed his all towards this issue.
THANK YOU for your efforts,
Dan. THANK YOU for your total commitment.
You are not forgotten.
And to the Creighton family,
We realize what Dan did for
this movement. Your sacrifice is not forgotten either.
Farmer who fought for
marketing freedom dies at 78
Ken Gousseau,
CTV Regina
Date: Wednesday
Nov. 9, 2011 5:18 PM CST
A Saskatchewan
farmer and lifelong fighter for marketing freedom has passed away after
losing a battle with cancer.
Art Mainil
died Saturday at 78. The Benson-area producer was a fierce opponent of
the Canadian Wheat Board and a pioneer of the Weyburn Inland Terminal.
The terminal,
which opened in 1976, was the first in Canada to be owned and operated
by farmers.
"I don't know
that the Weyburn Inland Terminal could have ever been started without a
man of his drive and his conviction," said terminal CEO Rob Davies.
"He had a very
clear vision of what he wanted and he was willing to stand up for those
things and fight for them."
Mainil was
part of a group of producers, called Farmers for Justice, that protested
against the wheat board monopoly in the 1990s by selling grain to the
U.S. without the marketer's approval.
Last month,
the Conservative government introduced a bill that, if passed, will
allow Western Canadian farmers to market their wheat and barley on the
open market as of Aug. 1.
"We've been
waiting a long time," said Ron Duffy of Farmers for Justice, who
remembered Mainil as a "tenacious" fighter for marketing freedom.
"It would have
been nice if he could have hung in there until we got this done."
A funeral
service for Mainil will be held at St. John the Baptist Roman Catholic
Church in Estevan on Thursday at 10:30 a.m. A prayer service will be
held at Hall Funeral Services in Estevan on Wednesday at 7:30 p.m.
“The best road to progress is freedom's road.” John
F. Kennedy
Art Mainil died over the weekend. If you have an
hour to spare some day, Google “Art Mainil”. In it you will find a
relentless passion to change the status quo and have marketing choice.
He truly was a wheat warrior.
Today, I give you the best of Art Mainil:
The Story of Weyburn Inland Terminal 1978 - 2001 '
. In Saskatchewan, the home of the co-operative movement, in 1970 Art
Mainil and some of his friends began movements to bring grain handling
more under the control of farmer-owners. Their concept - a large inland
storage facility modeled on those they'd seen in the U.S. and those
built in Canada, by the Federal government in 1918, as make-work
projects. Thirty one years (and 204 pages) later they had a facility
that paid shareholder dividends of $870.000 . There were a few bumps
along the way !!
(JUST A BUNCH OF FARMERS)
"We were thrown in jail. I had my truck seized. I
had fines. Even after we win this, they won't give us our fines back.
They treated us like terrorists," said Mainil . Some of those fined
choose to serve jail time rather than pay. Six had their convictions
overturned in May 2005, after appealing to various levels of the courts.
They don't have a right to do this. That's why we have an obligation as
citizens of this country to make an example of people that do that
because what's to stop them from doing to some other innocent person."
The Court of Appeal ruled it was not required that one produce a
Canadian Wheat Board license under the Customs Act and Reporting of
Exported Goods Regulations. The Canadian Wheat Board has said the ruling
was based on a technicality and the wording of the legislation has since
changed so that licences now have to be produced for Customs officials.
(CANADA.COM)
Nobody is saying do away with the monopoly. Just
give those a chance who want freedom, who believe in freedom, an option,
a choice and competition. The CWB (says it) can’t compete without a
monopoly. The monopoly is incompetent by its own admission, the only
business in the world that has ever pleaded incompetence to retain its
position. Politicians, federal and provincial, toured the provinces in
Western Canada in 2010 to look at disaster flooding and came up with an
aid package. Western Canada lives under a monopoly and only Western
Canada. Anyone who is forced to live under the disaster of a monopoly
should qualify for an aid package every year.
(WESTERN PRODUCER - NOVEMBER 25, 2010)
Mr. Harper, remove and replace Gerry Ritz with
someone who has the courage to carry out the court decision of the "gag
order" and fulfill your promise of a competitive and voluntary CWB. Mr.
Harper, since you were elected, the CWB monopoly has become more
belligerent and lawless.
(ESTEVAN MERCURY - MARCH 23, 2011)
GRAIN STATS WEEKLY: Canadian
CWB
DIRECTORS CONTINUE TO WASTE FARMER’S MONEY
The
Western Barley Growers Association (WBGA) strongly opposes the decision
by the Canadian Wheat Board (CWB) directors to launch another legal
action against the Federal Government’s legislation to give Western
Canadian farmers marketing freedom. Allen Oberg, chairman of the CWB,
announced the intent of the CWB directors to take legal action against
the Federal Government, stating “government broke the law when it
introduced Bill C-18 on October 18 because it did not first conduct a
plebiscite of affected producers, as required by Section 47.1 of the
Canadian Wheat Board Act.”
All legal costs the CWB will incur are paid by farmers participating
in the CWB pool accounts. “This is a waste of producer’s money. The CWB
is squandering valuable time by focusing on launching legal actions and
a full blown media attack against the Federal legislation rather than
concentrating on developing a business plan to offer a service to
producers after August 1, 2012,.” maintains Otto.
“Furthermore, it is frustrating that the eight directors who
adamantly support the single desk are letting their ideology stand in
the way of developing a plan that would enable the CWB to adapt and
survive in an open market,” says Otto.
However, it appears the CWB directors are alone in their position
that the government cannot amend the CWB Act without a plebiscite. The
NDP and the Liberals have said the government is well within its right
to repeal the Act. “Surely the CWB board must see this as a fruitless
exercise that will do nothing more than make a political statement that
has been made already,” comments Otto.
“This legal action creates uncertainty for producers, processors,
overseas customers and the grain handling sector at a time when the
industry needs clarity to move forward”, continues Otto. The WBGA
supports Minister Ritz and Bill C-18 which offers certainty and clarity
that the industry needs to conduct business in a commercial and
transparent market place next year.
“It is time that the CWB board accepted the reality of an open market
by August and stop trying to intentionally disrupt the market place with
their actions. Producers are ready, the industry is ready but sadly, the
CWB is not.” concludes Otto.
CWB DIRECTOR JEFF NIELSEN QUITS,
SAYING HE CAN’T CONDONE BOARD’S LACK OF RESPECT
Director
Jeff Nielsen of Canadian Wheat Board today announced he resigned,
effective immediately, earlier today from the organization. Nielsen
represented District 2 in west-central Alberta and
is the second director from Alberta to resign in a week. Henry Vos of
Fairview resigned on Wednesday.
Nielsen, who farms 1,350 acres near Olds, Alta., said he consulted
several producers in his district as well as others across Western
Canada before making the decision. In a letter to constituents, Nielsen
said “in recent months, as the Government of Canada has built momentum
to bring about positive and exciting changes, several board members have
resisted all change in favour of the status quo.”
In his letter to CWB chairman Allen Oberg, Nielsen said “I cannot
condone “your and other directors’ continued lack of understanding and
respect to producers in Western Canada.
“This lack of understanding and respect was apparent at what should
have been informative, forward-moving producer meetings this past
summer, yet your and other directors’ personal fight to maintain the
status quo has prevailed. You personally have said you recognize the
need for proactive change, and that view is reflected by producers in
the CWB’s annual surveys. This, however, has not been reflected in your
ongoing leadership or public actions or comments.”
Nielsen noted that: “More recently, the board’s decision to take
legal action against the federal government—even after hearing from our
counsel and our external counsel that such a challenge would be
fruitless and would have little to no effect on the government moving
ahead with Bill C-18—shows a total disrespect for producers and the
stable government infrastructure that underpins our society. The CWB has
an opportunity to move forward and adapt with farmers to help them
compete in the global marketplace. You and other directors committed to
the status quo have instead chosen a path of self-destruction. It is
truly an unfortunate day for producers of wheat and barley.”
As someone who has worked for years to see wheat and barley continue
to be successful crops in Western Canada, and being 100% committed to
representing the interests and views of producers, Nielsen said he
regrets having no alternative but to resign from the CWB
Why Henry Vos resigned as CWB director
for District 1
Henry Vos – Today I made the very difficult
decision to resign effective immediately as the director of District 1
of the Canadian Wheat Board. In a letter to CWB Chairman Allen Oberg, I
expressed my deep regret in coming to the realization that I can no
longer serve my constituents and Western Canadian grain farmers in
general from within the organization.
Driven by a lifetime of commitment and passion for agriculture, I
sought a directorship with the CWB because I wanted to bring about
change for the benefit of farmers. I fully understood the CWB’s mandate
and tried to improve its programs and services to farmers under that
mandate. I saw many opportunities to provide farmers more freedom,
flexibility and transparency, however, was in many cases treated as
though my ideas would cause the destruction of the organization.
During my terms as director, I saw the decisions of many directors
driven by hard-line ideology rather than business acumen. When those
directors continually used pool account money to justify and support
their views for a single desk, I found this “ideological bullying”
unacceptable.
The CWB’s decision this week to launch a legal challenge against the
Federal Government over the proposed changes to the CWB ACT, when it is
clear to everyone that it will not change the outcome and would not
change the timing of the government action, is simply wrong. A previous
decision to suspend a director for simply expressing his opinion about
the August “information meeting” is simply wrong. And the decision to
allow a motion on the table to change the bylaw requiring a 2/3 majority
to remove a director is simply wrong. Such decisions and other
discussions that have taken place around the CWB table are not about
doing what is best for commercial farmers—they are the decisions taken
by “ideological bullies.”
What is happening at the CWB today is, in a word, wrong. To continue
to work within the existing dysfunctional CWB board would be a
disservice to those who voted me for me as their director. It would also
be a disservice to all the farmers who want change and an option of
using a voluntary CWB. Furthermore, at this time protecting the single
desk “at all costs”, is in my view, destroying future opportunities,
harming the reputation of the farmers, demoralizing staff and creating
uncertainty with customers and the industry, all of which will cost
farmers money.
I believe the Government of Canada’s efforts to change the CWB are in
the best interests of Western Canadian grain producers and I will
support their efforts and the efforts of other organizations and
individuals committed to bring about positive change for Western
Canadian farmers. Meanwhile, I thank you for support and understanding.
Sincerely, Henry Vos
A Pittance of Time
On November 11, 1999 Terry Kelly was in a drug store in Dartmouth,
Nova Scotia. At 10:55 AM an announcement came over the store’s PA
asking customers who would still be on the premises at 11:00 AM to give
two minutes of silence in respect to the veterans who have sacrificed so
much for us.
Terry was impressed with the store’s leadership role in adopting
the Legion’s “two minutes of silence” initiative. He felt that the
store’s contribution of educating the public to the importance of
remembering was commendable.
When eleven o’clock arrived on that day, an announcement was again
made asking for the “two minutes of silence” to commence. All
customers, with the exception of a man who was accompanied by his young
child, showed their respect.
Terry’s anger towards the father for trying to engage the store’s
clerk in conversation and for setting a bad example for his child was
channeled into a beautiful piece of work called, “A Pittance of
Time”.
A Pittance of Time
Written by Terry Kelly
Published by Jefter Publishing
They fought and some died for their homeland
They fought and some died now it’s our land
Look at his little child, there’s no fear in her eyes
Could he not show respect for other dads who have died?
Take two minutes, would you mind?
It’s a pittance of time
For the boys and the girls who went over
In peace may they rest, may we never forget why they died.
It’s a pittance of time
God forgive me for wanting to strike him
Give me strength so as not to be like him
My heart pounds in my breast, fingers pressed to my lips
My throat wants to bawl out, my tongue barely resists
But two minutes I will bide
It’s a pittance of time
For the boys and the girls who went over
In peace may they rest, may we never forget why they died.
It’s a pittance of time
Read the letters and poems of the heroes at home
They have casualties, battles, and fears of their own
There’s a price to be paid if you go, if you stay
Freedom is fought for and won in numerous ways
Take two minutes would you mind?
It’s a pittance of time
For the boys and the girls all over
May we never forget our young become vets
At the end of the line it’s a pittance of time
It takes courage to fight in your own war
It takes courage to fight someone else’s war
Our peacekeepers tell of their own living hell
They bring hope to foreign lands that the hatemongers can’t kill.
Take two minutes, would you mind?
It’s a pittance of time
For the boys and the girls who go over
In peacetime our best still don battle dress
And lay their lives on the line.
It’s a pittance of time
In Peace may they rest, lest we forget why they died.
Take a pittance of time
In Print
CWB Transition Group close to final recommendations...
The working group tasked with addressing issues surrounding
the Canadian Wheat Board's transition away from a single desk is
finalizing its advice for the federal agriculture minister.
Read more
Australia Minister urges Canada to open grain market...
Canada is wise to plan the removal of its grain marketing
monopoly, Australia's trade minister said on Friday, noting that opening
the wheat market has boosted his country's trade position.
Read more
Change is needed at the Canadian Wheat Board...
The end of the Canadian Wheat Board's Monopoly is near.
In fact, the Stephen Harper government has promised to terminate the
single-desk sales system by the time we reach the 2012-2013 marketing
year.
Read more
A man who understands farming freedom...
At long last, Canada has a federal Agriculture Minister who
understands why a government monopoly over prairie wheat and barley
marketing is incompatible with democratic rights.
Read more
In Video
Ezra Levant on the Canadian Wheat
Board...From The Source
View here
Charles Adler on the Wheat
Board...Sun TV's Charles Adler interviews Rolf Penner (MB VP
Western Canadian Wheat Growers Association) and Cam Dahl (Frontier
Centre) about the Canadian Wheat Board.
View here
For more archived news, please visit
2011
Election Results
CON - 39.62%
167 Seats
NDP - 30.62%
102 Seats
LIB - 18.91%
34 Seats
BQ - 6.05%
4 Seats
GRN - 3.91%
1 Seat
Others - 0.43%
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Farmer who fought for
marketing freedom dies at 78
