Wheat board ruling sparks appeals to Speakers

A Liberal MP and Liberal senators appealed to their respective chambers Thursday to cease Senate study of a bill toend the Canadian Wheat Board's monopoly, but Conservative senators pressed ahead.

Liberal senators are backing a call from the National Farmers Unionto stop studying the billuntilproducers have a chance to havetheir say.

National Farmers Union president Terry Boehmsaid the Senate should stall the government's legislation to end themonopoly over Prairie wheat and barley marketing until a fair vote is held to determine iffarmers really support it. He also suggested federal Agriculture Minister Gerry Ritz should resign for breaking the law.

AFederal Court ruling Wednesdayfoundthat Ritz breached the Canadian Wheat Board Act byintroducing legislation without holding a plebiscite for producers. Ritz told the House of Commons the government will appeal the decision, and continue with its bill.

"How is this acceptable to have a minister of the Crown act in this way and then say, 'to hell with the courts?'" Boehmsaid at an Ottawa press conference Thursday.

"This is reflective of the attitude that they have towards democratic process in this country."

The farmers say they're prepared to accept theviewofthe majority of producersonce a vote is held. But until then,they're calling on the Senate to stop any further consideration of Bill C-18, which is currently at the committee stage in the Senate.

On Thursday morning, Liberal senators on theSenate agriculture committee arguedtheir study of the bill should stop in light of Wednesday's ruling.

'The government is not above the law.Here we have a case where they're above the law. Now if this is the case Adolf Hitler would still be here.' Frank Mahovlich, Ontario senator

The judgeagreed with arguments made by the Canadian Wheat Board and its supporters in court thattheminister's conductin introducing the legislation was "an affront to the rule of law."

"The government is not above the law," said Ontario Senator Frank Mahovlich."Here we have a case where they're above the law. Now if this is the case Adolf Hitler would still be here."

When the committee chair protested Mahovlich's choice of language, Mahovlich was insistent. "I'm just pointing out the aggressiveness of all this. We've got to respect the law."

Conservative senators argued they have a mandate to study the bill, and neither the court ruling nor the Canadian Wheat Board, which was represented by witnessesat the committee Thursday, requested such a suspension.

The committee's chair, Conservative SenatorPercy Mockler, agreed and decided the meeting would continue, noting that even if the committee did suspend its work, according to the terms for the bill it would be deemed reported back to the Senate without amendments on Dec. 13. Senators expect the final vote on the bill Dec. 15.

Privilege violated, opposition says

Senate Opposition Leader James Cowan and LiberalAgriculture criticFrank Valeriote raised the issue onseparate questions of privilege in the Senate and House of CommonsThursday afternoon.

Valeriote argued that the court ruling makes it clear MPs' parliamentary privileges were violated by being forced to debate an illegalbill.

"There is no mandate that allows the government to trample on the rights of Western Canadian grain farmers or any other Canadians with impunity," he said.

NDPdeputy house leaderJoe Comartin says while one parliament can't pass a law that binds or constrains another, they can pass a law that restricts how subsequent parliaments are able to change the law.

Government house leader Peter Van Loan "thinks it's stupid," Comartin said. "It may in fact be stupid but it is the law."

Van Loan argued there's nothing the House Speaker can do since the bill has already made its way through the Commons, and asked that Ritz be given time to respond when he's in the House.

In the end, the Senate Speaker dismissed the question of privilege, noting that even if there is a problem with the bill, it has nothing to do with parliamentarians' privilege.

Government plans to proceed

Ritz said Wednesday that the government will appeal the ruling and will aim to pass the legislation by the end of the year as planned. The government wants the bill to become law in time for selling the 2012 wheat and barley crops.

The legislationpassed its final votein the House of Commons last week and the bill proceeded to the Senate, where it's currently at the committee stage.

Section 47.1 of the Wheat Board Act specifies that changes to the wheat board cannot be made without consultation with both the farmer-elected directors on the board and wheat and barley producers. Wednesday's decision found that the Harper government had breached this part of the act.

The majority of the wheat board's current directors oppose the legislation, while two directors in favour of an open market resigned earlier this fall.

The government has not held a plebiscite to get producers' views on ending the marketing monopoly, but the wheat board itself conducted a vote earlier this year which suggested a majority are opposed to dismantling the wheat board's current system.

Other grain producer organizations have been vocal in their support for the government'slegislation, whichfulfils a longstanding Conservative campaign pledge to support farmers who want a completely open market for all Prairie grain.

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