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    Prairie Centre Policy Institute

    Weekly Commentary

    WHERE DO WE GO FROM HERE?
    September 16, 2002

    TITLE: An “Act of Parliament”?

    According to reliable sources, grain farmers in the Province of Quebec who
    export grain have been permitted by the Government of Canada to export their
    grain in contravention of the Canadian Wheat Board Act, the Customs Act, and
    the Regulation Respecting the Reporting of Exported Goods without any
    sanctions
    like those being imposed in western Canada.

    The decision by Ontario to begin issuing their own export licenses for wheat
    and barley grown in that province was no doubt prompted by the nonenforcement
    of the Customs Act and the Canadian Wheat Board Act in Quebec.

    A recent request for information under the Access to Information Act revealed
    that there were no sanctions for any infractions of any act with respect to
    the
    export of wheat or barley at any of the border crossings in Quebec or Ontario.

    Not so in the rest of Canada. In a report to Howard Migie (AAFC) from Jon
    Dyck
    dated June 26, 1997 which included a report by Clyde Bond, DOJ (Crown
    Prosecutor), "Clyde noted that in Manitoba 63 people have been charged with
    offences related to the illegal export of grain, while in Saskatchewan, 123
    individuals have been charged in eight separate incidents. In Alberta, a total
    of 30 individuals had been charged in two separate incidents". It sure makes
    one wonder that in one part of Canada one can be jailed, while in another part
    individuals go "scott free" for the same activity.

    A summary of the civil actions being taken by Customs and Revenue Canada at
    this point has also been reported by Mike Hadley of Revenue Canada. According
    to Hadley, "of the 211 cases currently under appeal, approximately 170 involve
    criminal charges under the Customs Act of exporting without a license (s5) and
    failure to make a report in writing (s3). The s5 charge of exporting without a
    license is, as a result of the Sawatsky decision, no longer valid. This is
    problematic because the s3 (failure to report in writing) actions were
    added as
    an afterthought and have in many cases not been pursued ie. the defendants
    have
    not been given an opportunity to respond to these charges. Additionally,
    warning letters by Customs had not specifically referred to a requirement to
    report in writing. Consequently, there is now some question as to whether the
    s3 charge will stand up to a court challenge. The difficulty with the s3
    charge
    is that exactly what constitutes a report in writing has never been
    Gazetted or
    specified."

    Even though the Crown describes their position as "problematic" they continue
    to pursue the charges. At the same meeting, Cathy Pitfield, speaking on
    behalf
    of the CWB, "indicated that it's position (CWB) was that the integrity of the
    grain marketing system must be maintained and that the laws in question
    must be
    upheld". Minister Goodale was to mouth those same sentiments a few days later
    that set in motion the continuance of persecution against farmers in the west.
    Supporters of the Canadian Wheat Board like the Grain Handlers Union, Railway
    Unions, the National Farmers Union, the Western Producer and the Saskatchewan
    Wheat Pool were ecstatic. Western grain farmers were now bound to the road to
    serfdom.

    One of the defendants charged in Manitoba received the following
    interpretation
    from Revenue Canada representative N.L. Woram. In his letter Woram declares,
    "The Canadian Wheat Board Act and regulations requires that exporters of wheat
    and barley obtain an export license from the Canadian Wheat Board before such
    grain may be exported from Canada. The Canadian Wheat Board regulations
    requires that the export permit be provided to Customs prior to the export of
    grain. For Customs purposes the requirement to obtain an export license and
    provide it to Customs means that wheat and barley is controlled by an Act of
    Parliament".

    No one in the west would wish our draconian system on our brothers and sisters
    in eastern Canada. However, if an "Act of Parliament" means that laws are
    applied equally across the country, then the west should accept no less than
    the equality bestowed on Ontario and Quebec.

    - Ken Dillen
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