FMC successfully represents Canadian Wheat Board before the Federal Court of Appeal
February 27 2008 - Toronto
The Federal Court of Appeal has upheld a July 31, 2007 lower court ruling saying that the federal government does not have the power to get rid of the Canadian Wheat Board's single desk for sales of barley by cabinet regulation, indicating that it must pass legislation if it wants to end the CWB's monopoly.
Fraser Milner Casgrain LLP (FMC) represented the CWB and argued that changes made in 1998 to the Canadian Wheat Board Act require the government to consult with the CWB and hold a producer vote before the matter is taken to Parliament. Therefore it is not within the government's authority to attempt to end the monopoly in a closed cabinet session.
"The root of this case…is a misunderstanding, in my submission, on the part of the government on what the 1998 amendments were all about," said John Lorn McDougall, senior litigation partner at FMC.
Roberta Rampton quotes J.L. McDougall in "Barley monopoly ruling upheld by Appeal Court" (Saskatoon Star Phoenix, February 27, 2008, C8). The read the full article, click here.
To view news coverage from the July 2007 ruling click here.
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