The federal government's legal team can look forward to a banner year in terms of billable hours.
A recent ruling by Justice Douglas Campbell of Canada's Federal Court found Parliament acting illegally in passing Bill C-18 without a vote. This has farmers chomping at the bit to break open the chink Campbell struck in Bill C-18's armor.
One such farmer is Duane Filson of Woodrow, Sask. who has filed suit against the federal government and hired Tony Merchant as legal counsel. Filson's lawsuit alleges the government's seizure of $15.5 billion worth of assets from the Canadian Wheat Board (CWB) is unlawful as these assets belong to the CWB. That lawsuit has the backing of CWB supporters including Melville-area farmer Ed Sagan who is also regional coordinator for the National Farmers Union.
We support this lawsuit hands down. The CWB bought the head office in Winnipeg, we bought hopper cars, we bought steamships, and that belongs to us. They say it all belongs to them. The government never paid for it, we farmers paid for it."
Sagan believes Filson's lawsuit will be one of many Bill C-18 related lawsuits filed against the federal government this year.
"The CWB's assets belong to the farmers, it's as simple as that. The assets have to go back to the farmers."
According to Filson, it will take about five years for a decision to be reached in the case. He is confident in Regina lawyer Tony Merchant's legal abilities.
"Tony Merchant has won many class actions. He knows what he's doing and there will be more legal actions to come," Sagan says.
The CWB has announced preparations to take similar legal action against the federal government. "Our legal counsel is prepared to file a submission to court within days if necessary," says Canadian Wheat Board Alliance acting chair Gilbert Ferre in a recent Friends of the Canadian Wheat Board release.
"It is clear that the Harper government is pursuing a policy of confiscation without either consultation or compensation," says Grandview, Man. farmer Larry Bohdanovich.
Sagan believes these lawsuits could be avoided by allowing farmers to vote whether the CWB should retain the single desk or allow dual marketing. CWB supporters have an excellent case against the government and they need to understand people have a say and they can't just force their legislation, according to Sagan.
"All we're asking the government to do is take the decision back to the farmers. They don't want to do it because their pollsters are saying they would lose," he says.
"As far as I'm concerned, the federal government is acting as dictators," he says.
"They think they can do this because they have a majority government. In other countries they are fighting to get a vote, in Canada we have a vote but we can't utilize it."
