BALGONIE, Sask. - Ottawa is pushing forward with its plan to end the Canadian Wheat Board's monopoly on western barley sales, but the move is getting mixed reaction in an already divided farm community.
Agriculture Minister Gerry Ritz said Thursday the government will appeal a federal court judge's ruling that the Conservative cabinet overstepped its authority in trying to end the monopoly.
"We in the government have not hidden the fact we are disappointed with the decision of that federal court," Ritz said while standing next to grain bins at farm in Balgonie, Sask.
"We know a significant majority of barley producers have been looking forward to making their own marketing decisions," he said. "They're also disappointed about this outcome."
Ritz said the amendments would have given Western Canadian barley growers the same freedoms to market their barley that producers in other regions of the country already enjoy.
But the court ruled last month that the change must be approved by Parliament -- something Ritz admits could be difficult in a minority government.
Instead, lawyers have been asked to file an appeal in the Federal Court of Appeal.
Ritz couldn't say how long that might take, but said it will happen well within a deadline date of Oct. 10.
He was also vague on the legal details, but insisted that the government's arguments "are solid and defensible."
"I think there's a need here to underscore the fact that barley was brought into the Wheat Board by regulation. We feel that regulation could also do the same thing and take it out, so that'll be the basis of the appeal," he said.
"There's a number of fronts that the arguments will be made on, I'll leave that to the lawyers and farm groups that will be supporting them."
The Western Barley Growers Association, which has long argued for an open market, welcomed the appeal.
"We need to be able to move forward," said association president Jeff Nielsen, who stood behind Ritz when the appeal was announced Thursday.
"Our businesses are key to us, vital to us."
But the Opposition Liberals, who support leaving the board's monopoly intact, and Wheat Board officials reacted angrily.
"What this shows from the Harper government is absolute arrogance and contempt for the courts and for Parliament," said Wayne Easter, the Liberal's agriculture critic.
"What are the legal grounds for this appeal? They haven't mentioned any of those," said Easter.
"These actions create further uncertainty, damage the credit rating and certainly damage Canada's international reputation abroad when a government will not abide by a court decision and the law of the land."
Rod Flaman, a Wheat Board director from southeast Saskatchewan, said the court ruling was clear that changes cannot be made by mere regulation.
The CWB does not believe there is a strong legal ground for an appeal.
"We had a very strong case when we launched our judicial review and received a decisive decision," Flaman said in an interview in White City, Sask., just outside Regina.
"We are confident that we will win this appeal," he said.
The issue has long divided grain producers and Flaman said word of the appeal means the angst will continue.
"To me there's bigger fish to fry. There's a lot of issues facing agriculture, import costs, world trade," said Flaman.
"The Wheat Board, as near and dear as it is to my heart, is not really the biggest issue facing agriculture and I don't know why this government is focusing is exclusively on the Wheat Board."
