Court challenge

[gregpet]

If anyone is there today, if there is a decision could you let us know. Can't find an online source.

[parsley]

Two social factors have changed, as well.

The courts traditionally treated farmers as cap-in-
handers, "shut up ans put up" but the likes of
manillchanged that image,and the younger
farmers' formal educational qualifications are
often equal to or higher than that of the court.

As well, agricultural representation in Ottawa has
strength.

As well, many lawyers are vying for
appointments, and their pro-liberal
voices at bar association soiree will be
dampened and so will their endorsement of
stupid decisions. Courts do notice.

As well there will be hell to pay from legal peers
once the court realizes once the government has
succumbs to farmer-power, the WarMeasures
Act can no longer be invoked to protect them
from angry farmers lol. Pars.

[parsley]

Not a personal attack; goodnesss, you don't
even sign your name. But I really don't consider
you an enemy. Just slow But we all learn
multiplication tables at our own rate; and
eventually learn that socialism does not serve us
well in the long haul. You'll part with your blankie
some day. Pars.

[parsley]

Oberg's Dilemma:
The Band of Eight have probably concluded they
can alter DA boundaries by passing a motion,
voting in-camera, and then declaring Ontario and
Quebec part of the DA.

And then the Band of Eight will order the
Government to pass their motion on the Rick
Mercer show .

Will the government obey? That's the Oberg
Dilemma. Pars

[LWeber]

Canadian Press and Reuters are in the Courthouse...

[cropduster]

Larry,can you tell if there`s an overweight lady there?????

[LWeber]

From: Larry Weber [mailto:larry@webercommodities.com]
Sent: December 6, 2011 10:27 AM
To: @thomsonreuters.com'
Subject: RE: are you in Court house today?

After 1993 and 2007…I’m going to wait til the fat lady sings three times before I kiss the CWB goodbye…lol

[parsley]

In the early 1990's, I attended a CWB district
farmer-meeting in Glenavon and like a bolt out
od the blue, stood up and trashed them for their
licensing policy. I had dressed up, wore high
heels, was polite, smiled, brushed my teeth but
trashed them, nonetheless.

There was stunned silence. Farmers who had not
finished their dessert stopped chewing.

Harvey Brooks and his band of manipulators
swarmed me. To explain: 1. I was misinformed.
2. I didn't understand. 3. They had not explained
it well enough for farmers like me. 4. They
needed to study my concerns and would i
provide input.

I didn't buy it. And there was one sentence in the
press. Recent press reports have trashed the
Board worse than I initially did.

It's grown and matured. And although it's not
over until it's over, the bottom line is this:

In Canada, the Canadian Wheat Board no longer
has the MORAL authority to arrest and jail
farmers for selling what they grow.

They no longer have a big stick.

And the media know it and one by one, they too,
are abandoning the Canadian Wheat Board just
as farmers have abandoned them.

Am I daunted by this courtcase? No. Ita a long
haul to stick an institution with a pitchfork

I'll get dressed up, wear high heels, be polite,
smile, brush my teeth and enjoy the moment
when this ordeal ends, though

It will end. Pars

[Burbert]

The government of Comedia does not have a
very good track record in Comedian Courts!
Their usual tactic is to try and drag
things out as much as possible, and
attempt to regulate change. Learned that
from Ralph here in Albertie. In the mean
time, lottsa name callin and swearin....

[LWeber]

WINNIPEG SUN - 23 minutes ago

A court challenge over the future of the Canadian Wheat Board is not an attack on Parliament or the government's right to make laws, but a specific challenge to Agriculture Minister Gerry Ritz's "behaviour," a court was told Tuesday morning.

A landmark case involving the CWB, its support group called the Friends of CWB, and the federal government began in a federal courtroom in downtown Winnipeg Tuesday.

The CWB and its supporters, which include the Council of Canadians and other interveners, are challenging the government's power to end the Wheat Board's marketing monopoly on wheat and barley in the Prairies.

The government proposed to do so in a bill introduced in Parliament in October. If passed, the change would take effect next August.

However, the CWB argues that Sec 47.1 of the existing Canadian Wheat Board Act mandates that the government must hold a vote among farmers first.

"This application is directed not at Parliament, not at the government, but is directed at the minister's failure to meet the preconditions of Sec 47.1. It was the minister's decision not to consult and not to hold the vote. When he made that decision Sec 47.1 was the law and it remains the law today," CWB lawyer John McDougall told court. "This is all about fairness and the minister's behaviour was unfair and contrary to law."

The government will present its case Tuesday afternoon.

No decision is expected Tuesday.

[LWeber]

http://www.fmc-law.com/People/McDougallJohnLorn.aspx?rw={7D2B2F36-F657-4CCC-9DF5-985ED104DE1C}

[parsley]

Rather than fall on the floor and moan,  women
were undaunted, and decided to  tackle the 'how
to get a ballot' 

Overwhelming numbers of men dragged out
precedents from every sly cat's litterbox including
the one that argued women were not people

Give the laws enough rope and they end up
looking like the idiots who write them. 

I actually have faith in the general public in that
they do not want to
Ever agian see the Gang of Eight throw Jim
Chatenay in jail for selling a bag of wheat to a  
4-h club. 

And in essence, that is ultimately what this
lawsuit is about: the Gang of Eight being able to
jail fellow farmers to maintain the present DA
single desk. 

Single deskers will have the CWB intact except
for the jail threat. 

Hardly an incentive for public or professional
support. 

I hope farmers can look to members of the AG
community for positive re-enforcement of their
marketing freedom goals as opposed to dreading
them  searching for every reason why  marketing
freedom is unattainable, as do the chatterclasses.
Parsley 

[Braveheart]

Has anyone heard who the judge is hearing the case? Personalities have much to do with judgements, policy, etc. Hope Rothstein has retired.

[malta]

Thanks for the undate Larry. the CWB lawyers are acting like our Alberta government. We're not really doing what we're doing and the Bill doesn't say what it says. I guess you can't blame the CWB lawyers for the arguement, judges fall for this sort of crap all the time.

[parsley]

For yr information:


Minister’s obligation
47.1 The Minister shall not cause to be
introduced in Parliament a bill that would exclude
any kind, type, class or grade of wheat or barley,
or wheat or barley produced in any area in
Canada, from the provisions of Part IV, either in
whole or in part, or generally, or for any period, or
that would extend the application of Part III or
Part IV or both Parts III and IV to any other grain,
unless
(a) the Minister has consulted with the board
about the exclusion or extension; and
(b) the producers of the grain have voted in
favour of the exclusion or extension, the voting
process having been determined by the Minister.
1998, c. 17, s. 25.