Federal Court Judge Dolores Hansen ruled Tuesday the Tory cabinet overstepped its authority earlier this year, when it passed a new regulation to allow farmers to sell their barley independently. "I conclude the new regulation is ultra vires (beyond cabinet's power) and of no force and effect," Hansen wrote.
The judge sided with supporters of the wheat board, who argued any changes to the board's monopoly must be made via a law passed in Parliament - something that could be blocked by the opposition.
McCreary said the minority Tory government in Ottawa will have a tough time getting its changes through Parliament, because the opposition parties have thrown their support behind the wheat board.
If Strahl had played fair, with an honest and open debate, including a fair and transparent choice, then you could support the initiative. Instead, the whole process was a propaganda campaign, with choices designed to muddy the outcome and allow a subjective reading. Remember when Strahl said "I will decide what the numbers mean"? Apparently, the court decided it might be best if the majority has a say, through their elected representatives- what a novel idea.
Minister Strahl releases a statement:
The Honourable Chuck Strahl, Minister of Agriculture and Agri-Food and Minister for the Canadian Wheat Board, today issued the following statement in response to a Federal Court decision on the Canadian Wheat Board Regulations that would have allowed Western Canadian farmers to choose how they market their barley beginning August 1, 2007.
"I am most disappointed with the decision of the Federal Court. We will carefully review the Court decision and decide on our next steps accordingly.
"A significant majority of barley producers is looking for greater marketing choice. I know they will be very disappointed with this decision but I am confident that they will follow the law as it is."