P.E.I. Potato Board loses court battle over seed potato export ban

The P.E.I. Potato Board is claiming partial victory, after losingits court battle to lift the export ban on seed potatoes.

The potato board argued in a hearing last month that the Canadian Food Inspection Agency overstepped its authority when it issued the ban, placed in response to the outbreak of potato wart two years ago.

The Federal Court of Canada has now issueda written decision, denying the potato board's requestfor a judicial review.

But the board said it did have some successes in court.

"The court did confirmthe industry's position that the CFIA has no authority to order suspensions and issue directives regarding such suspensions to Island potato growers and planthealth inspectors," it said in a written statement Friday.

"The board will review the decision with its legal team and decide on next steps."

Order reasonable, judge says

The federal court ruled CFIA has a high degree of discretion in controlling farm pests, and was justified in its actions.

"I have determined the Ministerial Order to be reasonable," wrote Justice Richard F. Southcottin his 62-page decision, issued Thursday in Ottawa.

"The decisions [were] made on an urgent basis in response to a rapidly changing circumstances, lessening the degree of procedural fairness required."

In the fall of 2021, a ministerial order stopped the transport of seed andfresh 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 the Island.

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

The CFIA said in a release it welcomedthe court's ruling, adding that the decisions that would've been under judicial review were either "moot or reasonable."

"The Government ofCanadais committed to maintaining confidence inCanada'splant health system, both domestically and abroad.Effective management of potato wart requires a concerted effort by everyone involved," the release said.

"The CFIA will continue to be guided by solid data, science, international standards, legislative authorities and best practices."

The Federal Court of Canada hearing was held March 23 in Charlottetown.

In addition to CFIA, the federal Minister of Agriculture and Agri-Foodwas also named as a respondent.

In striking down the board's request for a judicial review, the judge ordered the partiesto bear theirown legal costs.