Court hears arguments on federal restrictions of P.E.I. seed potatoes

A court heard arguments yesterday regarding the federal decision to restrict movement of P.E.I. seed potatoes following detections of potato wart.It was part of a judicial review filed by the P.E.I. Potato Board against the Canadian Food Inspection Agency and the federal minister of agriculture.

The P.E.I. Potato Board argues federal decision caused catastrophic damage to the industry

CBC News Posted: Mar 23, 2023 6:21 PM EDT | Last Updated: March 23, 2023

A court heard arguments on Wednesdayregarding the federal decision to restrict the movement of P.E.I. seed potatoes.

It was part of a judicial review filed by the P.E.I. Potato Board against the Canadian Food Inspection Agency (CFIA) and the federal minister of agriculture.

In the fall of 2021, a ministerial order stopped the transport of seed potatoes, along with fresh potatoes, after potato wart was found in some Island fields.

The border reopened to P.E.I. fresh potatoes on April 1, 2022, but seed potatoes are still prohibited from leaving P.E.I.

Mark Ledwell, inside, wearing suit and tie. — Mark Ledwell is one of the lawyers representing the P.E.I. Potato Board in its fight to have export restrictions lifted on seed potatoes. (Jessica Doria-Brown/CBC)

Lawyers for the P.E.I. Potato Board said the federal government's order was overreaching andcaused catastrophic damage to the Island's seed potato industry.

"A little bit like a sledgehammer," said Mark Ledwell, one of the lawyers for the P.E.I. Potato Board.

The board wants the order revoked.

Ledwell said it's like there's currently a black cloud over the industry.

"We say that there's no science that was before the minister making these decisions. Really what was before the minister was a bunch of threats from the United States and the U.S. potato industry saying we want P.E.I. seed potatoes closed and not permitted to leave P.E.I.," Ledwell said.

Lawyers for CFIA defended the federal government's decisions in court today.

P.E.I. seed-potato growers hopeful for compensation soon

A year later, P.E.I. potato growers still feeling impacts of U.S. border closure

In a statement to the CBC, the Canadian Food Inspection Agency saidit is "committed to helping contain and control the spread of potato wart, as well as maintaining trading partners' confidence in Canadian potatoes and supporting market access for potato growers across Canada.

"As the regulatory authority, the CFIA will continue to be guided by solid data, science, international standards, legislative authorities, and best practices," the statement said.

It's not known when there will be a decision.

If the potato board is successful it will mean P.E.I. seed potatoes can start moving across Canada again.

But even then it's not clear if or when that movement could extend to the United States.

With files from Jessica Doria-Brown

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