Daily Digest September 29, 2008

The DAILY DIGEST: INFORMATION and OPINION from ST. JOHN'S to VICTORIA.
ARCHIVED at http://cdndailydigest.blogspot.com/

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Minister Ritz In National TV Agriculture Debate on Monday
http://www.cpac.ca/forms/index.asp?dsp=template&act=view3&section_id=1073&template_id=1073&lang=e

There are differences of opinion concerning the single desk policy that has all Western Canadian wheat farmers product marketed through the Canadian Wheat Board .

This issue is not presented to-day for your consider but rather the methodology being used by the current Government of Canada to
achieve its goal of ending the Canadian Wheat Board role as it presently stands.

Two-thirds of the directors of the CWB are elected, Canadian Wheat Board 2008 election of directors http://www.cwbelection.com/

Is it fair or foul ball changes are unilaterally introduced to influence the outcome of the election of five directors that are in process?

Few receiving the Digest are affected by the issue.

All are affected by what is considered as fair means to attaining an end of Government it's been frustrated in achieving by the courts.

         Joe
______
Quote:
Regulations respecting the Election of Directors of the Canadian Wheat Board were changed September 4th, 2008 to remove the previous $10,000 spending restriction on advertising expenses in place for third-party intervenors. The changes were made by an Order In Council September 4th , 2008 as follows: http://www.cwbelection.com/regulationchanges.asp

Questions:
The Canadian Wheat Board (CWB) is a farmer-controlled organization that markets wheat and barley grown by western Canadian producers. Based in Winnipeg, Manitoba, the CWB is the largest single seller of wheat and barley in the world, holding more than 20 per cent of the international market. http://www.cwb.ca/public/en/

In a Cabinet briefing document dated August 10, 2006, made public by lawyers representing the CWB during a court hearing in Winnipeg, the Harper Government spelled out a methodical, step-by-step plan to dismantle the Canadian Wheat Board's (CWB) single desk for wheat and barley.  ( Harper's premeditated destruction of the CWB spelled out in secret cabinet documents )

Noted within the cabinet document was a decision that should "as few as three elected directors who favour marketing choice," be elected it "would constitute a majority of the board of directors".

Despite the CWB response to the election spending proposal that third party spending be maintained at $10 000.00 the Order in Council providing for unlimited spending went forward.  It is likely that the cabinet decision reflected their position that the private sector buyers, who can achieve tremendous market control if the CWB's power is curtailed, should be given an advantage in promoting their interests through their huge financial power.

Regulations have been rejigged to achieve the cabinet's goal.

The critical question? Is this fair play or foul?

________________________________________
A second change made without consultation

September 15,2008                                                     Prepared by: Art Macklin
                                                                                                     Anders Bruun

Legal Challenge to Removal of Producers from the CWB Voters List

Section 3.02 of the Canadian Wheat Board Act states "Ten directors are elected by producers in accordance with sections 3.06 to 3.08 and the regulations"

"Producer" and "actual producer" are defined in the CWB Act. An "actual producer" is a "producer actually engaged in the production of grain." A "producer" is defined to include "as well as an actual producer, any person entitled, as landlord, vendor or mortgagee, to the grain grown by an actual producer or to any share therein." Thus, production of grain or entitlement to a share of production are essential requirements which constitute the definition of "producer"                                                                                                            

Delivery to either the CWB or to the non-board market are not factors relevant to the definition of producer. In fact there are numerous circumstances where a person could have delivered grain and not qualify as a producer eg. someone pays off a debt with grain and the creditor then delivers the grain, a speculator buys grain to sell later, someone who was formerly a producer has had grain in storage for a number of years and decides to sell it, someone trades grain for other goods or services to give a few examples.

Subsection 6 (1) of the CWB Election Regulations states "Subject to subsection (2),every producer is entitled to be on the voters list in respect of the electoral in which they produce grain." This is a mandatory provision.
        
Subsection 6 (2) states "A producer who produces grain in more than one electoral district may only be included in one voters list, which is chosen by the producer."

Section 7 of the CWB Election Regulations states "the corporation shall provide the election coordinator with a list of producers who were named in a permit book on the day the list is sent or who were named in a permit book during the previous crop year." This is a mandatory provision.

However Minister Ritz' order of July 23,2008 directs that producers who have not delivered to the CWB in the previous or current crop year be listed in a separate list and "should not automatically be included in the voters list". The Minister does not have lawful authority to issue this order.

Minister Ritz' order indicates that he is purporting to exercise authority given to him under subsection 3.07 of the CWB Act. Subsection 3.07 permits the Minister to give instructions to the CWB on such matters as employing persons to conduct the election,to pay their fees and expenses and to pay the costs of the election. The authority contained in subsection 3.07 is specifically exercisable only  " Subject to the regulations…"  Thus subsection 6 (1) of the CWB Election Regulations quoted above trumps the ministerial order made under subsection 3.07 of the CWB Act.

Issuance of Permit Books

Subsection 26 (1) of the CWB Act  states "Subject to this Act, a producer may require the Corporation to issue a permit book authorizing delivery of grain produced on the land comprising the farm of the producer."

Subection 26 (4) of the CWB Act states "No permit book shall be issued to any person other than a producer."

This requires the CWB to make sure that all producers in possession of a permit book or named in a permit book are in fact producers.

Sections 3 to 8 of the CWB Regulations state the procedures by which a producer obtains a permit book. Producers must state the grains they produce, the land it is produced on, where they intend to deliver and numerous other detailed information on their farm operation. An applicant for a permit book shall then "verify his application by a statutory declaration."

Producers named in a permit book have gone through a rigorous process to qualify for a permit book and are entitled to receive a ballot in the director elections automatically. Minister Ritz' order bars these producers from automatic inclusion on the voters list, which they are entitled to, and forces them to follow an awkward bureaucratic process in order to vote

In addition, Minister Ritz' order permits people who own grain and sell it to an elevator to qualify for a ballot. Such persons could include creditors who have been given grain to pay a bill, farm suppliers of all kinds and lending institution to give a few examples. The Act and Regulations do not permit the Minister to make this order.

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ELECTION COVERAGE

YAHOO In Depth: Federal Election

TORSTAR http://www.thestar.com/election

G & M http://www.theglobeandmail.com/national/politics/

POST http://www.nationalpost.com/news/canada/election-2008/index.html

CTV Coverage
CBC Coverage
Canada.com
Sun Media
Canada Votes

NAFTA: Mend it, don't end it
http://www.theglobeandmail.com/servlet/story/RTGAM.20080923.wcotrade24/BNStory/specialComment/home

For equal dollars on infrastructure

Our unemployed get less from EI

Gaming the system

Make our leaders talk to each other
http://www.theglobeandmail.com/servlet/story/RTGAM.20080928.wedebate29/BNStory/politics/home

The PM's phony war on the elitesComment97
http://www.theglobeandmail.com/servlet/story/RTGAM.20080924.wcowent25/BNStory/politics/home

Brother, can you spare some perspective?
http://www.nationalpost.com/todays_paper/story.html?id=846406

Dion: debates will debunk Tory caricature of Liberal leader
http://ca.news.yahoo.com/s/capress/080929/delection/fedelxn_main

Liberal Brand Sinking, Conservatives Not Much Better Off, Poll Says
http://www.nationalpost.com/todays_paper/story.html?id=846660

Majority movement gains speed as Harper's lead soars. MORE...

Tory win could force a merger on the left. MORE...

Road curves, but Harper in driver's seat.. MORE...

Dippers show restraintl. MORE...

Looking to 'Make History'.. MORE...

Iggy Think 101: An introduction to the great man's logic (or lack of it). MORE...

The Tories get a little culture shock from Quebeckers - and the Bloc. MORE...

Tories turn blind eye to Ontario's plight. MORE...

Why aren't Canadian politics sexy? MORE...

Incrementalism in a time of upheaval. MORE...

Canadians more conservative? Evidence doesn't back it up. MORE...

Coming to grips with an Internet that never forgets. MORE...

Stepping it up in a bid to increase 28-vote victory. MORE...

Look! Up in the sky! It's hypocrisy. MORE...

A word to the election weary.. MORE...

MacKenzie's war on NATO continues in second memoir. MORE...

Dion set to go on offensive in campaign

Dippers show restraint

Despite whispers, Graham an unlikely successor to Dion

Dion touts female record but did party muzzle his wife?

Stephane a ladies' man

Liberals stale, risky, phoney: poll

Dion set to go on offensive in campaign

Judge who highlighted youth justice flaws pans Tory plan

Many gaffes taking place online, 'no weaseling out of them'

Tories targeting 40 key unheld ridings in Quebec, Ontario

Quebec voters turning away from Harper, poll shows

Economy suddenly tops election campaign issues

Canada eyes new fighter jets offered at $50 million US

Weak government allows Taliban to prosper

Revealed: secret Taliban peace bid

Ritz was unprepared in listeriosis crisis: sources

Ritz was ordered to face media, sources say

War rooms can send opponents off message

Former PM aide, Bloc seek status at probe

Penn expected to challenge Lunn

Conservative strategy working in B.C.

Dion moves to shore up support among women

Dion brands Layton an 'old-fashioned socialist'

NDP pledges to end poverty by 2020

Duceppe to warn Canada of Harper 'danger'

A place where Liberals could save face

Leaders prep for the cameras

Immigration system overhaul on hold till election

Quebec election buzz building among Liberals

Act now for special ballot

Small-c conservatives say Harper has "betrayed" their principles

Tories made good on half of election promises: CP

Harper faces heat for no-show on anti-poverty video

Lenoski backs Ignatieff

Latest CPAC-Nanos Tracking
CP 36, LP 27, NDP 19, GP 9, BQ 9

Tories made good on half of election promises: CP

Harper faces heat for no-show on anti-poverty video

Flaherty: voters care more about schools than income trusts

Tories maintain big lead, but gap narrows: poll

Dion gears up for Ontario rally, more Tory attacks

Dion says Liberals will protect women's rights

NDP, Grits claim advantage from Emerson's 2006 defectio

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