Incognito & WD9,
In fact the "agriculture" part of the grain growing business is outside the jurisdiction of the CWB Act.
R. vs Sommerville
Sommerville transported 4326bu of feed wheat (grown in SK.) across the AB/SK border and fed it to cattle he owned in AB. Sommerville broke the CWB Act Section 32(b), [now section 45(b)].
"Except as permitted under the regulations, no person other than the Board shall transport or cause to be transported from one province to another, wheat or wheat products owned by a person other than the Board."
Somerville's Charges for breaking the CWB Act for not having a valid CWB license were dismissed. It was acknowledged that Sommerville couldn't get a license.
HELD
"Per Fauteux C.J., and Abbott, Martland, Ritchie and Spence J.J.:
The Canadian Wheat Board was incorporated with the object of marketing, in an orderly manner, in interprovincial and export trade, grain grown in Canada. The purpose of the Canadian Wheat Board Act was to prevent the Respondent marketing his grain outside Saskatchewan, and s. 32(b) [45(b)] was designed to prevent the transport of grain out of Saskatchewan for that purpose. The Act was held by this Court to be valid as an exercise of Parliament's legislative power in relation to the regulation of trade and commerce. To interpret s. 32(b)[45(b)] as applying to circumstances of this case would be to apply it for an object outside the intention of the Act and would involve the conclusion that the Act applied to purposes other than the regulation of trade and commerce. The facts of this case involve no trade in grain by the respondent and no commercial transaction.
In fact the "agriculture" part of the grain growing business is outside the jurisdiction of the CWB Act.
R. vs Sommerville
Sommerville transported 4326bu of feed wheat (grown in SK.) across the AB/SK border and fed it to cattle he owned in AB. Sommerville broke the CWB Act Section 32(b), [now section 45(b)].
"Except as permitted under the regulations, no person other than the Board shall transport or cause to be transported from one province to another, wheat or wheat products owned by a person other than the Board."
Somerville's Charges for breaking the CWB Act for not having a valid CWB license were dismissed. It was acknowledged that Sommerville couldn't get a license.
HELD
"Per Fauteux C.J., and Abbott, Martland, Ritchie and Spence J.J.:
The Canadian Wheat Board was incorporated with the object of marketing, in an orderly manner, in interprovincial and export trade, grain grown in Canada. The purpose of the Canadian Wheat Board Act was to prevent the Respondent marketing his grain outside Saskatchewan, and s. 32(b) [45(b)] was designed to prevent the transport of grain out of Saskatchewan for that purpose. The Act was held by this Court to be valid as an exercise of Parliament's legislative power in relation to the regulation of trade and commerce. To interpret s. 32(b)[45(b)] as applying to circumstances of this case would be to apply it for an object outside the intention of the Act and would involve the conclusion that the Act applied to purposes other than the regulation of trade and commerce. The facts of this case involve no trade in grain by the respondent and no commercial transaction.
Comment