The battle over the Canadian Wheat Board isn't over just yet.
Eight former CWB directors are asking the Federal Court of Canada to quash the Conservative government's appeal of Justice Douglas Campbell's declaration.
Early last month Campbell said federal Agriculture Minister Gerry Ritz had not followed Section 47.1 of the Canadian Wheat Board Act, by having the required farmer plebiscite on major changes to the CWB.
"The Harper government broke the law and insulted farmers when they took away the farmers' right to vote on changes to the CWB," former CWB chair Allen Oberg said in a prepared statement. "The government's action was not legal, fair or constructive, and the government continues to create a huge amount of uncertainty for the western grain trade."
Last year the Conservatives introduced in the House of Commons Bill C-18 to end the CWB's single desk selling of Western Canadian wheat and barley.
Ritz said the federal election results, in which the Tories won a majority, was enough of a mandate to press ahead with the government's agenda for the CWB.
The Conservative government said that a specific plebiscite was not needed.
However opposition to Bill C-18 gave rise to a court challenge by the Friends of the CWB and supported by other pro-CWB groups including eight of the monopoly marketers' 15 directors.
Campbell's declaration stated Ritz did not act democratically, but the judge's findings didn't have any direct affect on the passage of C-18, which was proclaimed by the end of the year.
UPSETS FORMER ELECTED DIRECTOR FROM KANE
Nevertheless the Harper government launched an appeal all the while proceeding with its changes to the CWB.
That's something that rankles one former farmer-elected director from Kane.
"We believe that the Harper government should have to choose - either the government moves ahead to dismantle the CWB without a vote of farmers, or they continue with their efforts to reverse the decision at appeal - but they should not be able to do both at the same time," former District 9 director Bill Toews said.
Once Ritz's legislation came into effect the farmer-elected CWB directors were unilaterally dismissed by the Harper government.
That action put into question who would foot the bill for further legal action.
"We and some other farmers are taking responsibility for that," Toews said.
