Federal Judge Rules Against Farmer Wanting Wheat
Board Election Injunction
(December 29, 2005 - Ottawa CP) - A Saskatchewan
grain farmer has lost his bid to delay the results of an election for
people who help run the Canadian Wheat Board.
But the federal judge who ruled on the case Thursday has left the door
open for a judicial review of the board's election process.
Art Mainil, an ardent opponent of the board's monopoly on wheat and barley
exports, alleged election irregularities when he filed for a court
injunction earlier this month.
Mainil claims about 800 producers who share his views were left off the
voting list. He also contends that ballots were sorted without independent
scrutineers.
Federal Justice Anne MacTavish ruled against Mainil's request to delay the
release of the election results set for next Thursday.
However, she said there were problems with how the board and Meyers Norris
Penny LLP, a firm hired to co-ordinate the vote, conducted the election.
"I have found that a serious issue exists with respect to the omitted
producers," MacTavish wrote.
"The question of whether the results of the 2004 directors election
should be set aside is a question to be determined when Mr. Mainil's
application for a judicial review is finally heard."
Mainil was disappointed the court ruled against his injunction request,
but was heartened at the prospect of a judicial review.
"It is a victory for Western Canada. We still have the opportunity to
carry on in court," he said from his grain farm southeast of Regina.
"We can still ask to have this election overruled."
Louise Waldmen, a spokeswoman for the Canadian Wheat Board, acknowledged
there were problems with the election, but she noted the ruling was in the
board's favour.
"The injunction by Mr. Mainil has been dismissed. The count will
proceed on Dec. 29," she said from Winnipeg.
"We've been quite open that there was a mistake by the Canadian Wheat
Board."
Waldmen said the judgment is unclear on whether a judicial review of the
election process is a given.
She said the board will review its election procedures and make
improvements. Waldmen would not say what election errors were made by the
board.
Farmers in Western Canada elect 10 of 15 directors for the Canadian Wheat
Board. The other members are appointed by the federal government.
Mainil is a member of Farmers for Justice, a group that lobbies against
the board's monopoly to export wheat and barley.
Some of its members have been fined or jailed for illegally exporting
grain to the United States. |
