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CWB versus Attorney General Canada re: barley regulations
February 26, 2008
The Federal Court of Appeal has upheld a lower court ruling that the attempt by the Government of Canada to remove the single desk on barley through regulatory change violated The Canadian Wheat Board Act.
In a rare move, the appeal court judges released their decision from the bench the same day they heard arguments, February 26, 2008. The court agreed with the CWB’s position that the 1998 amendments to the CWB Act mean that the government cannot remove the barley single desk by regulation. Instead, it must consult with the CWB’s board of directors and receive farmer approval of the proposed change before introducing a bill in Parliament.
Read the federal appeal court judgment.
January 8, 2008
The federal court has set at date of February 26, 2008 to hear the federal government's appeal of last July's ruling on the single-desk marketing of barley. The one-day hearing will be held in Winnipeg.
The CWB's legal brief for the appeal was filed in federal court on January 8, 2008.
August 30, 2007
On August 30, 2007, the federal government announced it will appeal the federal court's ruling on the single-desk marketing of barley. A statement from Ken Ritter, chairman of the CWB’s farmer-controlled board, is posted here.
July 31, 2007
On July 31, 2007, the Federal Court ruled that the federal government cannot change the way barley is marketed without Parliamentary approval. Although the court ruled in favour of the CWB, it will not be business as usual for the organization. The CWB will continue to evolve and adapt to provide maximum value for western Canadian barley farmers. The reasons for Madame Justice Dolores Hansen's ruling are posted here (PDF).
June 28, 2008
On June 28, a Notice of Motion was filed to expedite the review. Written Representations were filed to support the motion. At a hearing on July 5, all parties agreed to an expedited hearing. An order was issued to expedite and combine the CWB’s application an an application by Friends of the CWB.
June 18, 2007
On June 18, 2007, the CWB filed an application in Federal Court for judicial review of regulatory changes made by the federal government in order to dismantle the CWB's single desk for barley. The application requests that the court deem the regulations unlawful.
Below are copies of related documents filed by the CWB:
Notice of Application (1.7MB PDF)
CWB arguments (96KB PDF)
Affidavit of Ward Weisensel (213KB PDF)
Exhibits (27KB-8MB PDF)
Index of exhibits, 1-53
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12
Exhibit 13
Exhibit 14
Exhibit 15
Exhibit 16
Exhibit 17
Exhibit 18
Exhibit 19
Exhibit 20
Exhibit 21
Exhibit 22
Exhibit 23
Exhibit 24
Exhibit 25
Exhibit 26
Exhibit 27
Exhibit 28
Exhibit 29
Exhibit 30
Exhibit 31
Exhibit 32
Exhibit 33
Exhibit 34
Exhibit 35
Exhibit 36
Exhibit 37
Exhibit 38
Exhibit 39
Exhibit 40
Exhibit 41
Exhibit 42
Exhibit 43
Exhibit 44
Exhibit 45
Exhibit 46
Exhibit 47
Exhibit 48
Exhibit 49
Exhibit 50
Exhibit 51
Exhibit 52
Exhibit 53
