Marketing Freedom for Grain Farmers Act

An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Gerry Ritz  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 of this enactment amends the Canadian Wheat Board Act to change the governance structure of the Canadian Wheat Board and to make other changes in preparation for the implementation of Parts 2 and 3. Part 2 replaces the Canadian Wheat Board Act with a new Act that continues the Canadian Wheat Board and charges it with the marketing of grain through voluntary pooling. Part 3 provides for the possible continuation of the Board under other federal legislation, while Part 4 provides for its winding up if no such continuation occurs. Finally, Part 5 provides for the repeal of the new Act enacted by Part 2.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Nov. 28, 2011 Passed That the Bill be now read a third time and do pass.
Nov. 28, 2011 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “this House decline to give third reading to Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, because members of the Committee were unable to hear testimony from the primary producers affected by and concerned with the future commercialization of the Canadian Wheat Board”.
Nov. 23, 2011 Passed That Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, as amended, be concurred in at report stage.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 55.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 46.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 45.
Nov. 23, 2011 Failed That Bill C-18, in Clause 14, be amended by replacing lines 38 to 42 on page 7 with the following: “(2) All the directors are elected by the producers in accordance with the regulations. The directors must designate, also in accordance with those regulations, a president from among themselves.”
Nov. 23, 2011 Failed That Bill C-18, in Clause 14, be amended by replacing line 36 on page 7 with the following: “9. (1) The board consists of fifteen directors,”
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 12.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 9.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 7.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 6.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 3.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 2.
Nov. 23, 2011 Passed That, in relation to Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Oct. 24, 2011 Passed That the Bill be now read a second time and referred to a legislative committee.
Oct. 24, 2011 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, because it: ( a) fails to respect the will of the majority of prairie farmers who have expressed a desire to maintain the current composition and structure of the Canadian Wheat Board; (b) ignores the fact that the Canadian Wheat Board is funded, controlled, and directed by Canadian farmers and removes their autonomy to maximize prices and minimize risks in the western wheat and barley market; and (c) makes sweeping decisions on behalf of prairie farmers by eliminating the single-desk system that has provided prairie farmers strength and stability for nearly 70 years”.
Oct. 24, 2011 Failed That the amendment be amended by adding after the words “70 years” the following: “, including specifically the elimination of the Canadian Wheat Board’s role in managing transportation logistics and thereby leaving farmers without an effective voice with respect to rail service levels and freight rates; and ( d) breaches section 47.1 of the Canadian Wheat Board Act”.
Oct. 20, 2011 Passed That, in relation to Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Second readingMarketing Freedom for Grain Farmers ActGovernment Orders

October 20th, 2011 / 12:10 p.m.
See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I had understood that a Conservative was going to rise and speak at this point but after hearing the force of the arguments from this side of the House, I guess the Conservatives have decided not to participate in the debate. I think that is very welcome.

I heard some of the comments the Conservatives were making earlier. I will start at that point because the government's tendency has been to constantly, significantly and regularly divide one Canadian from another, one region from another, one type of Canadian from another. That was not the Conservatives' hallmark before the election campaign. Members will remember they were wearing sweater vests and saying they were going to be a moderate government. One of their commitments during that so-called moderate time was to keep the Wheat Board.

However, since the election, the Conservatives have taken off the sweater vests and they have become incredibly intransigent and ideological in the kinds of things they are bringing forward in the House. One thing which clearly indicates that shift to fight for a radical right-wing politics privatization agenda is what the Conservatives are looking to do with the Wheat Board. Marketing choice, what a crock.

The farmers in western Canada voted 62% to retain the single desk on wheat and the government says it is going to run roughshod over those western farmers. On this side of the House, the NDP caucus is saying we are going to stand up for that 62% of western farmers and we are going to say no to this bill.

The other aspect that has been brought forward by members of the Conservative Party is that somehow the Canadian Wheat Board will continue. When we read through Bill C-18, we see the parts that deal directly with the dissolution of the Canadian Wheat Board. The Conservatives will say it is not their plan for the moment, but we know the intent is to remove what has been a mainstay for western farmers for generations.

I come from British Columbia and have been part of what we have seen in western Canada over generations, and it is fair to say that we have often seen governments in Ottawa neglect or not address western Canadian concerns. It is particularly surprising to me that we see the government putting ideology over what should be a significant effort to listen to what western farmers have had to say about the Wheat Board and to look at the significant economic benefit that western farmers get from the Canadian Wheat Board.

When farmers in western Canada in a plebiscite vote significantly, a strong majority of 62%, and say they want to retain the single desk for wheat, why would a government then say that farmers' opinions are not important and that how they voted is not something the government is going to consider?

It is clear to us on this side of the House that the Conservatives are not willing to listen to western farmers. They are not willing to allow western wheat farmers and barley farmers to vote or consult on this issue. As the Leader of the Opposition, the member for Hull—Aylmer, said yesterday in the House, the Conservatives are breaking the laws that say the Wheat Board needs to have consultations with farmers and to have that vote from farmers before the government can proceed. The government is choosing not to do that and is running roughshod.

Worse, we are now seeing closure being brought in on this debate. After one day of discussion, the Conservatives realize they are losing this debate, that they do not have substantive facts to bring forward and they do not even have a business plan. They have not done an impact study. They have done nothing except rely on their base ideological beliefs.

After only one day of debate, the government found it had increasing difficulty making its views known, so it brought in closure. It is running roughshod. Not only is it saying that it will break the law and run roughshod over the clearly expressed opinions of western farmers in Alberta, Saskatchewan and Manitoba, 62% of whom are saying yes to the Canadian Wheat Board and the single desk, it is now saying it does not want this debate to get out. The government does not want to hear from the public. It does not want the public to have time to react to this. It does not want democracy to have its place. The government certainly does not want to consult with western farmers because they will reject what it is putting forward, so it is going to use a sledgehammer and shut down Parliament.

It is fair to say that if the government has its way, for many years to come people in western Canada will remember how the Conservative government decided to run roughshod over western Canadians through these actions. The NDP will continue to speak for western farmers and all western Canadians and bring their point of view to the House of Commons because we understand this is a fundamental debate.

It is not just the fact that the plebiscite showed very clearly that 62% of western farmers wanted to keep the single desk, it is also the fact that Conservative MPs actively campaigned to gut the democratically elected members of the board of directors of the Canadian Wheat Board. Year after year there continues to be a strong majority of western farmers who support the Wheat Board. We are not talking about one single plebiscite or referendum that the government is ignoring. Despite the keenest, most base ideological attempt to gut the Canadian Wheat Board, western farmers said no time after time. They elected a majority of members on the board of directors who support the CWB.

What we are talking about is a systematic pattern of arrogance, of running roughshod and trampling on western farmers, despite the fact that they have clearly expressed their support for the Canadian Wheat Board time and time again. Why is that? I know you do not come from western Canada, Mr. Speaker, but you can certainly understand that historically western farmers were cast adrift by Ottawa with the policies of former Conservative and Liberal governments time and time again. Western farmers had to organize. They had to push.

Western Canadians generally have had to push for things that were often of benefit to the entire country as well. We will recall, of course, that the federal Parliament refused to have anything to do with public health care. It was a western Canadian and a freely and democratically elected administration under the direction of Tommy Douglas in Saskatchewan that established public health care in this country and now all Canadians enjoy it.

Western Canadian innovations include a lot of other things. As we well know, the co-operative movement particularly in the agricultural sector was born and prospered in western Canada, as well as the credit union movement. It is very popular in Quebec through the caisses populaires, but its strongest area is in western Canada. The co-operative wheat pools were brought together by farmers. It was Canadian farmers saying they needed this kind of single desk that led to the actions a few generations ago to establish the Canadian Wheat Board.

Why did farmers want that? Why have farmers continued to support it year after year despite the actions of the Conservative Party in opposition and now the Conservative Party in government trying to beat them back with a sledgehammer saying that they are wrong and the government is right? A few folks in Ottawa are saying western farmers are wrong and the government is right. Why have farmers supported the Canadian Wheat Board year after year? It is very simple. The reasons are economic.

We can see what the economic basis has been for the Wheat Board. We can compare the economic indices of western farmers with those of areas that do not have a wheat board at all, such as the United States, or have done away with their wheat board, and the member for Winnipeg Centre was very passionate about what happened in Australia.

When we see the economic utility of the Wheat Board, we can then understand why western farmers, despite the most mean-spirited pressure from the government in a constant and ongoing way, have continued to support the Wheat Board year after year and generation after generation. No mean-spirited ideological attack by the Conservative government, which is taking off the sweater vest and getting down to a very mean-spirited divisive business, is going to change the fact that the economic realities have been good for western farmers.

If we compare the Wheat Board and the single desk marketing power that western farmers have with what happened in Australia and what continues to exist in the United States, we see a profound economic benefit from the Wheat Board in the same way as we do from supply management, which the NDP has also always defended. Supply management and the Wheat Board provide the collective force that makes a real difference to agricultural communities. The economic benefits are not just for the farmers themselves, but for the entire community.

The supply managed sector has been a Canadian innovation. The Conservatives pay lip service to defending it, but they are ready to sell it out at a moment's notice. I know this because I have been on the trade committee for seven years, and every year since the Conservatives have been elected, bureaucrats come and talk about what portion of supply management the Conservative government would be willing to sell out. We know what the economic ramifications are for that.

It is similar to the situation with the Wheat Board. There are economic ramifications. After Australian wheat farmers did away with a similar body and privatized it, their revenues fell. Predictions were made at the time that it would particularly impact the smaller farmers, those with less clout. Those predictions, sadly, have come to pass.

In the United States, we have seen a similar situation. It has been unfortunate that there is not the same degree of collective action in the United States. They are often at the mercy of big multinational grain companies, and over the last few years farm income has fallen steadfastly and considerably in proportion to the average American household income.

In Canada, the area that has the lowest level of farm receipts is the province of Alberta. Why is it that agricultural management in Alberta has meant that farmers are poorer than anywhere else in the country?

It is a very simple question to answer. Right-wing privatization agendas, the type of mean-spirited agendas that we are now seeing from the Conservative federal government, drive down agricultural receipts and drive down income in agricultural communities. In areas where there is more collective action and where there have been strong NDP governments, agricultural receipts are higher.

This mean-spirited attempt by the Conservatives to run roughshod over western farmers, even though 62% voted in favour of maintaining the single desk, can only lead to lower incomes for most farmers.

Conservatives would say they do not care about that and that they just care about the top 10% or 1% or whoever wants to contribute to their electoral fund. The reality is that the government has to be more mature, more responsible and less ideological. The government has to look at the interests of all of the west and the interests of the agricultural communities, but the government is not doing this.

I spoke earlier about the sweater vest. We remember when the Prime Minister was going around the country in a sweater vest talking about moderation and how a Conservative government would somehow be more moderate than anyone expected it to be. That was what the Conservatives' commitment was.

The commitment from the Minister of Agriculture and Agri-Food going into the election on May 2 was to let farmers decide. That was the commitment. Those were stolen votes that Conservatives were able to obtain in those key ridings.

Mr. Speaker, you will remember, as I do, that a lot of those prairie ridings were hotly contested between Conservatives and New Democrats. The Conservatives made the commitment that farmers would be able to make the decision. We saw the results of that decision on September 12. It is important to read it into the record again: on wheat, 62% of western farmers voted in favour of retaining the single desk--62%. That is a clear victory.

The Conservatives got 38% of the vote nationally. If the government has a mandate with 38% of the vote, then what kind of mandate is 62% of the vote? That is a strong mandate to maintain the Canadian Wheat Board. Sixty-two per cent of farmers said that they want to retain it.

Time and time again, despite the worst and most underhanded tactics of the government and some of the government MPs to try to undermine the Wheat Board, the members of the board of directors who are elected and maintained are the directors who support the Wheat Board.

The government made a commitment going into the election, I suppose because it was scared of losing seats, that it would let farmers decide. Then the farmers decided, and the government said, “No, to heck with that. No, we are not going to let farmers decide on this now. No, no. We have this majority with our 38% of the vote and we are going to run roughshod over that clear majority.”

It was a clear majority by anyone's standard, unless one lives in Enver Hoxha's Albania. There is no reason to question the 62% support for the Wheat Board that came out of the plebiscite, yet the government, with 38% of the vote, is saying that it is going to stamp it down. It is going to rip it apart. The government is producing Bill C-18, which in part 4 talks about the dissolution of the Canadian Wheat Board.

The government is saying it is going to destroy the collective single desk marketing that has given farmers so much power and clout and turn farmers over to the mercy of some of the world's largest grain companies. That will drive the prices down, and drive down the income and receipts in agricultural communities all across western Canada. The government is saying it is going to drive those receipts down on the Prairies from Alberta through to Manitoba.

What does that mean? It means less money in the pockets of farmers. However, it is not just that direct impact of what the government is doing that is so despicable, but the indirect impacts, which are going to be felt right across the west. It is the small mom-and-pop grocery stores in some of those smaller communities across the western provinces. Coming from British Columbia, I have driven back and forth across this country many times. It is the grocery stores, the credit unions, the auto repair shops and the farm machinery shops. All of them are going to feel the impact of this irresponsible action.

That is why we are voting no on Bill C-18. It runs roughshod over what farmers in western Canada have clearly expressed time and time again. It has a profound economic impact, as we have seen in other jurisdictions that have done that. The government has done no preparation and has no business plan. It cannot even tell us what the impact is going to be.

The government is doing this strictly for ideology. On this side of the House, we are standing up for western farmers. We are standing for wheat farmers. We are saying yes to the Canadian Wheat Board, and no to Bill C-18.

The House resumed from October 19 consideration of the motion that Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, be read the second time and referred to a committee, and of the amendment.

Bill C-18--Time Allocation MotionMarketing Freedom for Grain Farmers ActGovernment Orders

October 20th, 2011 / 10:30 a.m.
See context

Conservative

Lee Richardson Conservative Calgary Centre, AB

Madam Speaker, the Marketing Freedom for Grain Farmers Act will enable the interim Canadian Wheat Board to act as a voluntary marketing organization through its transition to full private ownership.

During that orderly transition our government will provide the Canadian Wheat Board with the tools it needs to act as a voluntary pooling option for the farmers who choose to use it.

During the transition period our government will continue to guarantee the new Canadian Wheat Board's initial payments for borrowing, assist with funding for reorganization costs related to the removal of the monopoly and put in place a voluntary check-off to continue producer support for research and marketing development activities.

Today we are only a few hours into the debate and the opposition has introduced two motions to delay and stall the bill.

Would the Minister of Agriculture and Agri-Food explain to the House why it is important that the legislation be passed immediately to ensure the transition happens in an orderly fashion?

Bill C-18--Time Allocation MotionMarketing Freedom for Grain Farmers ActGovernment Orders

October 20th, 2011 / 10:05 a.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

moved:

That, in relation to Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill C-18--Notice of Time Allocation MotionMarketing Freedom for Grain Farmers ActGovernment Orders

October 19th, 2011 / 5:30 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Madam Speaker, I rise on a point of order. As is apparent from the two motions in just an hour and a half to attempt to block debate on this issue, I would like to advise that agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

For the benefit--

Marketing Freedom for Grain Farmers ActGovernment Orders

October 19th, 2011 / 4:30 p.m.
See context

Liberal

Frank Valeriote Liberal Guelph, ON

Madam Speaker, we should not even be debating Bill C-18 today. Alongside tens of thousands of western Canadian farmers, members on this side of the House await the plebiscite the Conservative government is legally required to hold under section 47.1 of the Canadian Wheat Board Act before it can apply its ideological scalpel to a Canadian institution that has been the backbone of grain farming across the Prairies for decades.

Nevertheless, if we have learned anything from the behaviour of the government in the early days of this Parliament, it is that its ministers are rolling out the greatest hits of the Reform Party. Throwing caution to the wind, it is stifling debate as much as possible and taking the rest of Canada along with it no matter who it negatively impacts.

Neither the Prime Minister nor the Minister of Agriculture and Agri-Food has ever made much of a secret of their single-minded desire for the death of the single desk system. What they have kept from enquiring Canadians are the reasons they refuse to hold a plebiscite of the Wheat Board membership, or even why in March, heading into an election, the minister assured farmers that there was no reason to worry and that their opinions would be sought on the Wheat Board when it came forward in this Parliament.

Once it became clear that the minister had no intention of honouring his March pledge, the Canadian Wheat Board held its own plebiscite on the continued operation of the single desk under the Canadian Wheat Board. The results were clear. The majority of western Canadian grain farmers chose the stability, competitive advantage and clout, not just in Canada but overseas, that it enjoys due to its numbers brought together under a single desk.

In August 68,000 ballots were mailed out to farmers. Over the course of that month meetings were held across the Prairies and hundreds of farmers came in off the fields for meetings as harvest began simply to ensure their voices were heard. Farmers for both sides attended these meetings. They listened respectfully and made their points as to why they believed it should go or why it should stay.

I attended several of these meetings and was astonished, as were the organizers. Never before had they held a single meeting where over 500 farmers attended, such as the one in Saskatoon in early August. I set out to listen to the different viewpoints of various farmers and at one meeting was pulled aside by one farmer from the Saskatoon area. He said to me, and I will paraphrase because he used much more colourful language, “I haven't voted Liberal in the last thousand years and it's unlikely that I will in the next thousand years, but I certainly did not vote Conservative so that they could kill the Canadian Wheat Board”.

I may not have changed his vote, but what he wanted to ensure was that someone in Ottawa was listening to him. Sadly, he could not go to his own MP because just when farmers are asking them to listen and represent the farmers' best interests, Conservative MPs are nowhere to be seen or heard. Not one. Not one single Conservative prairie MP has the courage to stand up and defend the rights of his or her constituents to hold a government-conducted plebiscite as mandated by section 47.1 of the act.

The Conservative Party only received 24% of eligible Canadian votes, which certainly does not constitute a mandate to run roughshod over the democratic rights of farmers to maintain their livelihoods under the Canadian Wheat Board Act.

Desperate to have their voices heard, farmers held their own plebiscite. The results of the plebiscite were unambiguous with a 56% response rate, a number similar to the turnout in many recent general elections and byelections, including in the minister's own riding. Sixty-two per cent of wheat producers and 51% of barley producers voted to retain their single-desk marketing and sales arm under the Canadian Wheat Board.

Regrettably, the minister simply dismissed the results as an expensive survey. Unfortunately, Canadians do not have the same opportunity to dismiss their muzzled prairie MPs' own election results similarly.

Many argue that with the fragile state of the world economy, the CWB is more important than ever before for the grain-exporting prairie provinces. The livelihoods of Canadian farmers and small businesses are at stake.

Recently even The Economist wrote that, concerned about the death of the single desk marketing system:

Smaller producers, faced with mounting marketing costs, will inevitably have to sell their farms to bigger rivals or agribusiness companies....devastating small prairie towns, whose economies depend on individual farmers with disposable income.

I have heard from farmers, even some who favour killing the Wheat Board, that thousands of farms managed by farmers whose age exceeds the average age of farmers in Canada, which is 58 years, are likely to close. With their closure so too will the small town and village economies supported by those farmers suffer. We risk seeing an end to a number of small towns in rural parts of our prairie provinces.

The board markets and sells on behalf of every wheat and grain producer in the Prairies to some 70 countries and 100 buyers across the world. Its unique position allows it to act as a price setter instead of a price taker.

In contrast to The Economist, the Wall Street Journal welcomed the impending demise of the Canadian Wheat Board noting, “more money goes back to farmers than under an open-market system,” the open market system that the government is proposing. It went on to say:

Grain handlers such as Cargill Inc., Viterra Inc. and Bunge Ltd. could see their roles—and returns—in Canadian grain markets grow.

At whose expense? No one else other than our prairie wheat farmers. Recently in a report from Alliance Grain Traders Inc., which is conveniently only now opening a pasta plant in Saskatchewan, said its “margin erosion is combatted by negotiating lower prices from growers”.

From my time on the Standing Committee on Agriculture and Agri-Food, I have learned that a major reason that pasta manufacturing has not been meaningfully undertaken in the west is it is too far distant from a market that would consume its products and transportation costs would be too great.

Now that the Canadian Wheat Board will be abolished, there is the opportunity to get the lowest possible price for grain from farmers who are no longer able to set the best possible price that will allow pasta manufacturers to offset the transportation costs of marketing their pasta, again at the expense of western Canadian farmers.

What is clear is that the protection of the family farm in the prairie provinces is not a priority under the Conservative government. It would prefer to create an environment that would see farmers fail than support an environment that protects the way of life for multitudes of farmers and their families whose way of life will be dramatically changed and not for the better.

For whom will they be changed? For the well-being of large agribusiness and foreign interests. Without the Canadian Wheat Board which returns excess profits to the pockets of farmers, the larger rail and grain companies that can sustain their own networks will finally have access to those farmers' profits. Their interest is not the well-being of farmers, but rather their own bottom line. Farmers will be left to bid one another down to the lowest possible price to sell their grain.

We know not only from studies but intuitively that farmers will fall prey to the gluttonous appetites for profit of grain companies and the railways, appetites that have been held in check by a steady diet controlled by the Canadian Wheat Board. In the wake of the minister's pronouncements on the death of the CWB a month ago, shares in Viterra dramatically spiked.

Moreover, there have been no assurances made by the government regarding Canadian food sovereignty. It is one thing that small family farms will be bought up by massive agribusiness; it is entirely another to see Canadian farms expropriated by foreign interests not unlike the purchasing of our mineral rich lands out west, concerned more with their own national food security and not at all with Canadian food sovereignty.

It certainly does not help that just yesterday the United States took a backward step with buy America and unilaterally thickened the border in an effort to stimulate its own economy. Meanwhile the Canadian government is prepared to give itself a hernia removing all of the tools the Canadian wheat and barley producers rely on to protect their livelihood, including the Canadian Wheat Board.

The number one trade ask by Americans has always been to get rid of the Wheat Board because it gives our farmers a competitive advantage. Now with the Prime Minister as the head waiter and bottle washer to the Americans, we are preparing to hand them a huge agribusiness, their very request on a platter with absolutely nothing in return, not even a modest tip from a country which has shrugged its shoulders and wrapped itself in the shroud of American protectionism.

There have been 14 challenges to the World Trade Organization from the United States demanding that we get rid of the Canadian Wheat Board. In every instance, the WTO has ruled in our favour and allowed western grain producers to maintain their valuable resource.

Why are there challenges? It is because the Wheat Board gives our farmers a competitive advantage that is the envy of others around the world. We must make no mistake that once it is gone the provisions our trade agreements say that it can never be brought back. We would be foolish and naive to think that our supply managed industries, like chicken, dairy, eggs and turkey, are not already now being lined up in the sights of the government for their demise.

This is not about limiting choice for farmers. The CWB is in a unique position to market different qualities of grain at different times of the year to different markets through a board that knows it serves the diverse needs of many farmers. Its strength is in the fact that all farmers across the Prairies are in it together. Its elected directors are farmers, too. They understand what it is to sell and market grain, the best grain in the world.

Should this legislation pass, by reducing the number of directors from 10 elected and 5 appointed to simply 5 government appointed directors to the 5-year interim voluntary wheat board, the Conservative government would have it that only its own people, dictated to from the Prime Minister's office, speak to the multitude of farmers.

Overwhelmingly, in Wheat Board election after election, directors who support the single desk under the Wheat Board are returned. Farmers elect these directors and yet, once again, suppressing any sort of democratic expression, the government places a higher value on ideology than on the experience of farmers.

These are farmers who understand the virtue of saving $1,400 per producer car on transportation costs through the CWB's unique bargaining position, a savings that will be almost immediately lost. Presently, it is in a position to negotiate with CN and CP Rail to ensure the adequate supply of producer cars. This, too, will be lost.

One of the more substantial complaints from within the agricultural industry is that Canada is regarded as an unreliable supplier of agricultural products by virtue of the fact that it cannot get its supplies to port along the railway. In large part, this is a direct result of the ongoing disputes between suppliers and CN-CP Rail.

The agricultural industries anticipated that these concerns would be addressed in the rail service review tabled in March of this year. Meanwhile, seven months later, we are talking about stripping prairie farmers of transportation infrastructure while the government shelves yet another report.

The government has failed to appoint a facilitator in good time. It has failed to address the day-to-day logistical issues of shippers, like getting them the right number of cars and on time, and is telegraphing to the farmers, who will be affected by this in large part, farmers who do not have immediate access to the border, farmers who are not on the main line, that where once their concerns were difficult to address with the rail companies, now they will be almost impossible to address.

I have learned, through my discussion with the owners of Shortline Railways, that they will no longer be able to maintain their railways as they will no longer have the support of the Canadian Wheat Board once it is gone. The rest of the farmers will still not have any resolution along the main lines.

As it stands, hundreds of grain facilities have access to only one rail line and are held captive by either CP or CN, subject to their charges. Through the Canadian Wheat Board, farmers have had the clout to, as a unit, stand up to both CN and CP to get the best deal for their transportation costs possible.

In my conversations with western Canadian grain farmers, all too often I have heard tragic stories about the treatment of producers at the hands of the railways. The railway companies have such disregard for wheat farmers that often they will send railway cars with holes in them without any consideration for what grain will be lost along the way. Farmers, individually, are up against a behemoth, where once their collective clout enabled them recourse in the face of such poor treatment.

The government also refuses to acknowledge that there is a value added of $500 million annually in services provided by the Canadian Wheat Board in the form of critical weather analysis and research and development, as well as the transportation benefits. Even by using a network of over 800 weather stations located on farms across western provinces, the Canadian Wheat Board provides accurate, up-to-the-minute weather information, as well as grain research and innovation.

In a token offering in the legislation, the government is recommending a voluntary check-off to be applied toward grain research and innovation. What farmer will check off additional money for research and innovation while her or his profits are going go up in smoke? However, the government seems intent on spending money, estimated conservatively at almost $500 million, in a time when it claims that we are still in a fragile economic state, to demobilize an organization that has yet to require any federal funding. It has been farmer funded for farmer profits.

Forsaking billions of dollars in revenue with no sound replacement model is reckless. The government has made it clear that it will only listen to farmers so long as they are saying something the government wants to hear. Canadian farmers know what is in their own best interests and the government would do well to listen to their collective voice, not simply to the voices of the few who will be in a better position than the many to profit from the demise of the single desk system.

For our part, the Liberal Party entirely opposes this reckless, ideological legislation and finds no value in the feckless rhetoric of the minister and members content to vote like lemurs for the demise of a system that is still supported by the majority of its members.

I challenge the minister and the party opposite. If they are not afraid of the results of a plebiscite on the continued existence of the single desk system and if they truly feel that a majority of western Canadian farmers are on side with their prescription for the death of the Canadian Wheat Board, they should withdraw their legislation and hold their own plebiscite on the issue, as mandated by the very legislation they hope to destroy, the very legislation that western Canadian farmers hold so sacrosanct, that the necessity for democratic expression is enshrined within it to protect farmers from the very abuse that the Minister of Agriculture is currently perpetrating.

In closing, I move:

That the debate be now adjourned.

Marketing Freedom for Grain Farmers ActGovernment Orders

October 19th, 2011 / 4 p.m.
See context

NDP

Pat Martin NDP Winnipeg Centre, MB

Madam Speaker, I thank the House for this opportunity to speak at second reading of Bill C-18.

The bill is a mistake in the making. We are watching a terrible economic mistake unfold before our very eyes. I must admit that there is a feeling of helplessness on this side because the Conservatives have chosen to use their majority to ram this change through to the rural prairie economic base without even consulting with farmers or allowing them the vote that they are guaranteed through legislation.

I preface my remarks by correcting one thing. The minister would have us believe that the May 2, 2011 general election was a referendum on the future of the Wheat Board. He would also have us believe that by virtue of the fact that the election was won by a majority it satisfies the condition of the Wheat Board legislation that guarantees farmers the right to vote on the future of the Wheat Board. I categorically reject that point of view.

I received telephone calls from prairie farmers in Saskatchewan and Manitoba who told me they had voted Conservative because of some other aspect they liked about the Conservative Party platform, which is their right to do. They also said that just because they elected that government it did not give the Conservatives the right to abolish the Wheat Board. They had understood that through the legislation they had been promised an opportunity to vote on it.

The minister has denied farmers the right to vote on how they would market their grain in the future. Therefore, when the minister stands and says he is giving farmers more marketing choice, if he is serious about letting farmers choose how to market their grain, why in God's name will he not let them vote on the issue? It is their democratic right.

If the minister is confident and believes his own rhetoric that the world would be a better place for farmers if they did away with the single desk monopoly of the Wheat Board, then why will he not put it to farmers for a vote? He claims he has the support of the majority of farmers on this issue. Why is he afraid of putting it to a democratic vote?

There has only been one genuine consultation with farmers on this issue. In the absence of a vote being sponsored by the government, the Canadian Wheat Board hired an independent third party and undertook a properly constructed vote using a fair question and fair methodology. As a result, 22,000 Canadian prairie grain farmers voted in favour of keeping the single desk monopoly. That is 62% of prairie grain producers. I was disappointed as I thought the numbers would be higher. We had estimated that about 75% of prairie grain producers supported the single desk monopoly. Nonetheless, 62% is a clear majority on that question.

There is no other form of consultation that is fair. The minister said that when he goes home and talks to farmers they tell him that they want to get rid of the Wheat Board. That does not constitute a scientific survey of the opinions of prairie farmers.

There is no business case for abolishing the Canadian Wheat Board. If there were it would have been tabled in the House along with the legislation. We are dealing with a notion here. We are dealing with the personal opinion of the Minister of Agriculture, who believes that we should abolish the single desk monopoly. I have empirical evidence to show that his view is that of the minority.

I also have well-documented and independently analyzed empirical evidence which shows that the Canadian Wheat Board has provided the best possible price for Canadian farmers year after year. As well, it has minimized their risks. It has provided both of those functions and many others which I will discuss if time permits.

The minister talked about offering farmers certainty, stability and clarity over the next farming year. In actual fact he is being reckless and irresponsible. At a time of economic uncertainty within the country, he is turning the rural prairie economy upside down on its head. There is no guarantee or certainty that the next farming year will provide a stable marketplace for grain farmers' products. There would be no underwriting and guarantees which are presently associated with the Wheat Board on pricing, on shipping capacity and on marketing capacity. All of that is now up in the air.

The minister would have us believe that farmers were better off in the 1920s when they were being gouged by the robber barons and the railway barons. The very reason farmers pooled together to act collectively was to protect themselves from the abuse of the powers that be, those people who held power over the farmers. That is how the Wheat Board evolved. That is how it graduated to being the largest and most successful grain marketing company in the world. It is a great Canadian institution wholly owned and operated by Canadian farmers. It is a brilliant concept.

It works so well that it irritates the heck out of our American neighbours. For years they have been trying to destroy the Canadian Wheat Board because they know it is a huge advantage for Canadian farmers, so much so that they claim it constitutes an unfair trading subsidy and violates international trade agreements. The U.S. filed 13 separate complaints first with the GATT and then with its successor the WTO. The WTO ruled 13 times that there is nothing unfair about Canadian farmers acting collectively to sell their products and look out for their own interests by commanding the best possible prices.

It is hard enough being a farmer with the droughts, floods, pestilence and all the other challenges farmers face. That is now coupled with the economic uncertainty of the 2011 Canadian economy. It boggles my mind that the minister would follow his own ideology, in spite of the empirical evidence to the contrary, and would throw this spanner into the economy of the three prairie provinces.

It worries me when ideology trumps reason, logic, economics, research and empirical evidence. It is a terrible thing to be setting policy by the notions of a failed ostrich rider. The man does not speak from any authority as a grain farmer; he raises ostriches in North Battleford. He criticizes my colleague for being from the good city of Guelph. He criticizes me for living in the good city of Winnipeg. Only he is being driven by this notion, which is a weak notion at that.

There is a great deal of collateral damage associated with the dismantling of the Canadian Wheat Board. The downtown area of Winnipeg that I represent has become the world centre of excellence for grain. That is not only because of its marketing capacity. It is a $6 billion a year corporation, the head office of which is in my riding. It ships 20 million tonnes of class A, the best grain in the world, from Canada.

It has also created the Canadian International Grains Institute, a satellite campus of grain excellence that does research and development funded by the Canadian Wheat Board. It develops and customizes new strains and product lines to fit the markets where the Wheat Board promotes our grain. The Canadian Grain Commission sets the grain quality standards so that we can continue to enjoy our reputation for having the highest quality grain in the world.

All of that will be lost. We will no longer be the centre of excellence. The big grain companies and private grain companies came Winnipeg because it is the centre of excellence and set up their headquarters next to the Canadian Wheat Board. They will no longer need to keep their head offices in Canada once the Wheat Board disappears, which it will because this notion of a voluntary wheat board with dual marketing is a pure chimera. It is a myth.

As a diversion, I will tell the House why it is plainly a myth. If the initial price for grain offered by a voluntary wheat board was higher than the market price there would be no orders. People would go to the market for grain. If the initial price offered was lower than the market price, it would have all of the orders but would have to sell the grain at a loss. That is a recipe for bankruptcy. It is exactly what happened in Australia.

When Johnny Howard, our Prime Minister's Australian counterpart, had the same brain fart of an idea that the Australian wheat board should be privatized. It lasted exactly three years as a voluntary board once its monopoly was taken away and it went bankrupt. Sure enough, that market share went into the hands of the private grain companies, the multinational agrifood businesses, which wanted to control the food supply system from seed to final retail production. They wanted it all. Believe me, they have been salivating over this market segment for 75 years.

The Conservative government is going to do the Americans' dirty work for them and hand them that market share on a silver platter, without any consideration of the best interests of the very grain producers who it is duty bound and honour bound to represent. It is amazing that the Canadian Wheat Board should finally crash because it has been sabotaged by the minister, a rat in the woodpile. The minister is undermining the very institution that he is honour bound by his office to uphold and be the champion of. He is not supposed to be the saboteur of the Wheat Board; he is supposed to be the champion of the Wheat Board. There is an enemy within. The Canadian farmers have elected an enemy.

The implications are profound for the prairie economy if the Canadian Wheat Board disappears.

I will dwell briefly on the economic impact just for the city of Winnipeg, because it is the area I represent. A PricewaterhouseCoopers study in 2005 estimated the gross output of the CWB impact in Winnipeg at $94.6 million. There are 400 employees in its head office. The spin-off employment of the CWB is estimated at more than 2,000 jobs. At the provincial level, the CWB gross output contribution is another $323 million, with more than 3,000 jobs of a total labour-income impact of more than $140 million. I cannot tell the members how frustrated we are.

I would like to deal with some of the corresponding collateral damage, as I am calling it. For the Port of Churchill, the minister has now come up with $5 million a year for five years to offset the impact on the Port of Churchill. I read that as an acknowledgement that the Wheat Board no longer shipping its grain through Churchill would have a profound impact. However, it begs the question of why he is so eager to abolish the Canadian Wheat Board when it will cost him a minimum of $25 million in impacts that the government otherwise would not have to shell out. It is money it does not have, I might had. It has to borrow every penny that it shovels into this.

As to the closing costs, I asked the minister this question. What would it cost to shut down a $6 billion a year corporation, the most successful and largest grain marketing company in the world? KPMG, an independent authority, estimated as much as $500 million. It would have to pay severance to all the employees. It would have to deal with contracts that had been signed for the delivery of grain, that now would be broken. It would have to dismantle overseas marketing offices.

The average layperson does not understand the marketing network we have established here. It is magnificent and that is why it is so successful. Now the government will borrow $500 million on the open market. I do not know where that kind of money is borrowed from these days. That is just to fulfill this free market flight of fancy of that minister who got into politics specifically to abolish the Canadian Wheat Board.

I remember when he was the assistant to Elwin Hermanson, whom the Conservatives have happily put in charge of the grain commission, again, infiltrating these organizations to destroy them and collapse them from within. The minister has breathed, eaten and slept abolishing the Canadian Wheat Board ever since he came to Ottawa. Now, in spite of reason, logic, economics and empirical evidence, he is hell-bound and determined to do the dirty deed and abolish what we believe is a great Canadian institution.

It would not be paranoid to presume that this is part of a pattern. Every time there is a trade advantage to Canada, those guys feel compelled to sacrifice it and give it up, such as the softwood lumber agreement. When the Americans came breathing down our necks telling us we were enjoying far too much advantage in that industry, we forfeited.

When it comes to the Wheat Board and when it becomes evident that we do it better, what do we do? We give it up and forfeit it. We yield to the bullies in an international trade situation and give up our advantage.

We do not have champions here; we have cowards in giving up so readily, and again, driven by ideology and not by anything else.

As I close, I would like to move an amendment. I move:

That the motion be amended by deleting all of the words after the word “That” and substituting the following:

“this House declines to give second reading to Bill C-18, an act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain acts, because it:

(a) fails to respect the will of the majority of prairie farmers who have expressed a desire to maintain the current composition and structure of the Canadian Wheat Board;

(b) ignores the fact that the Canadian Wheat Board is funded, controlled, and directed by Canadian farmers and removes their autonomy to maximize prices and minimize risks in the western wheat and barley market; and

(c) makes sweeping decisions on behalf of prairie farmers by eliminating the single-desk system that has provided prairie farmers with strength and stability for nearly 70 years.

Marketing Freedom for Grain Farmers ActGovernment Orders

October 19th, 2011 / 3:35 p.m.
See context

Battlefords—Lloydminster Saskatchewan

Conservative

Gerry Ritz ConservativeMinister of Agriculture and Agri-Food and Minister for the Canadian Wheat Board

moved that Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, be read the second time and referred to a committee.

Mr. Speaker, I welcome this opportunity on behalf of western Canadian farmers to open debate on the bill that we are putting before the House that would give them marketing freedom very similar to what farmers have been enjoying in Ontario already for some years.

The Government of Canada, under the strong leadership of Prime Minister Stephen Harper, is very proud to be leading the way toward a bright future for Canadian farmers and for the overall Canadian economy--

Legislation to Reorganize the Canadian Wheat BoardPrivilegeRoutine Proceedings

October 19th, 2011 / 3:20 p.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I rise in response to the government House leader's intervention yesterday afternoon with respect to the question of privilege I raised earlier in the day in regard to the legitimacy of the government's tabling Bill C-18, which in effect requires members of this House to engage in a process that, according to a statute previously passed by the House, violates a specific provision of that statute.

The government House leader appeared somewhat concerned over the fact that in my submission I failed to cite precedents. I feel obligated to address his concerns. His point, apparently, was that “....questions of law are beyond the jurisdiction of the Chair”.

What the government House leader overlooked the beginning of the quote he referenced. Perhaps it was not provided to him or perhaps it was purposely overlooked. It is on page 261 of House of Commons Procedure and Practice, second edition. I will read the whole quote. I will not leave part of it out.

Finally, while Speakers must take the Constitution and statutes into account when preparing a ruling, numerous...

Note the word “numerous”. It is not stating “all”.

....Speakers have explained that it is not up to the Speaker to rule on the “constitutionality” or “legality” of measures before the House.

The government House leader and government members generally would do well to spend a little more time reading House of Commons Procedure and Practice before venturing forth.

The following is found at page 261 of House of Commons Procedure and Practice, second edition, and refers to a statement of Speaker Fraser from Debates, April 14, 1987:

Speaker Fraser summed the fine balancing act that is often involved in adapting old rules to new situations: “When interpreting the rules of procedure, the Speaker must take account not only of their letter but of their spirit and be guided by the most basic rule of all, that of common sense”.

I would also point to the conclusion contained in the same page in House of Commons Procedure and Practice, which states:

Speakers have never shied away from creating new precedents when faced with an apparent contradiction between Standing Orders and contemporary values.

It is my submission that this is one of these instances.

I know, Mr. Speaker, you are our elected Speaker, new in the job, and this is really an opportunity for you, in looking at these precedents, to establish fair play that protects the interests of Canadians and prevents Parliament from violating its own acts that it passed at a previous time.

I would now draw the attention of the Speaker to the following, found at page 720 of House of Commons Procedure and Practice, second edition:

The enactment of a statute by Parliament is the final step in a long process that starts with the proposal, preparation and drafting of a bill. The drafting of a bill is a vital stage in this process—one which challenges the decision makers and drafters to take carefully into account certain constraints, since a failure to abide by these may have negative consequences in relation to the eventual interpretation and application of the law and to the proper functioning of the legislative process.

I would ask you, Mr. Speaker, to take special note of the reference to the fact that decision-makers, in this case the Minister of Agriculture and Agri-Food:

....take carefully into account certain constraints, since a failure to abide by these may have negative consequences in relation to the eventual interpretation and application of the law and to the proper functioning of the legislative process.

I would also reference footnote 59 at page 721 of House of Commons Procedure and Practice, second edition. It refers to the guide to making federal acts and regulations, which is found on the Government of Canada, Privy Council office website.

In the introduction to that document, the following statement is found with respect to the law-making process:

If the process is carefully planned and competently carried out, the resulting legislation will achieve the Government's goals while adhering strictly to the principles and policies underlying our legal system.

Within that same document, under the section “Acts of General Application”, the following statement is found:

Those involved in the preparation of bills will take into account the requirement of explicitness so as to ensure that any political decision to exclude the operation of a presumptively applicable law is legally effective.

Finally, I would reference the following from the document under the section entitled “Legal Practises of General Application”. It states:

In addition to rules stated in Acts of general application, there are also a number of important principles that form part of the legal system. They operate in much the same way and must also be taken into account in developing legislative proposals. The following are examples of these principles:

the rules of natural justice and procedural fairness, which require that a person whose rights or interests are affected by an administrative decision be given a reasonable notice of the proposed decision and an opportunity to be heard by an unbiased decision maker;

I do not want to take too much more time but I will now turn to the issue at hand, namely, that, in the context of this legislation, my privileges have been violated due to the expectation that I will be required to engage in and cast a vote upon legislation that begins from the premise of a deliberate and overt violation of statutes passed by the House with the expectation that those provisions would be respected most of all by members of the House.

I will quote from page 140 of the House of Commons Procedure and Practice, second edition. It states:

The purpose of raising matters of “privilege” in either House of Parliament is to maintain the respect and credibility due to and required of each House in respect of these privileges, to uphold [the laws of Parliament].

In his reference to the Speaker, the government House leader attempted to claim that the question of privilege I have raised has been disposed of by rulings of previous Speakers. For example, he referenced the decision of Speaker Milliken on May 13, 2003, at pages 6123 and 6124 of Debates. Speaker Milliken, in that decision, reminded the House that the issue before him concerned an issue of regulatory authority, stating at page 6123:

I am unable to find a case where any Speaker has ruled that a government, in the exercise of a regulatory power conferred upon it by statute, has been found to have breached the privileges of the House.

Note should be taken, though, of the fact that the matter I have raised relates not to a question of regulatory authority, but rather to the matter as to whether my privileges have been violated as a result of the government tabling legislation in direct contravention to statute passed by Parliament.

I would also note that the reference made by the government House leader to the decision of Speaker Milliken on March 13, 2005 at page 4498-4500 was in relation to an issue of government reorganization in the wake of the defeat of specific legislation. Again, my point being that the decision sought was not in relation to the matter before the House and the citation of this matter as precedent is not applicable.

I would conclude by quoting from page 262 of House of Commons Procedure and Practice, second edition. It states:

Determining what is or is not a precedent is not always straightforward. Speaker Fraser once said that “a precedent is something that happened once upon a time and that everyone decided to follow. ... [I]n legal terms, it is usually the consequence of a decision made after argument has been proferred to the Chair ... on a certain point”. The mere occurrence of an event does not make it a precedent, and Speakers have on occasion ruled that a special circumstance justifies a deviation from a known precedent.

I will conclude by repeating the point I raised yesterday. I submit that to place this legislation before the House and to seek the support of the House will require members of the House to endorse legislation that begins from a premise that contravenes the existing law and, thus, places members of the House in an untenable and unacceptable position.

Legislation to Reorganize the Canadian Wheat BoardPrivilegeOral Questions

October 18th, 2011 / 3:05 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I want to speak a little further on the points that were raised earlier today related to section 47.1 of the Canadian Wheat Board Act and the question of privilege on the potential contempt allegation that was raised by the member opposite. It was the hon. member for Malpeque who raised those questions.

Our government, of course, considers the bill, which would restore freedom to Canadian farmers, to be of great importance. We returned to office after the last election and after a broad consultation with Canadians, I hasten to add, with a clear set of issues that we promised Canadians we would tackle. Establishing marketing freedom for Canadian farmers was one of those critically important issues.

At the core of my friend's submissions, the hon. gentleman asserts that there would be a breach of section 47.1 of the Canadian Wheat Board Act if that act is amended or repealed by Bill C-18 without a vote of producers. In short, Mr. Speaker, the hon. member is asking you to interpret the provisions of the statute.

As noted earlier by the Parliamentary Secretary to the Leader of the Government in the House of Commons, it is well established that questions of law are beyond the jurisdiction of the Chair. In addition to that straightforward argument, which I believe is correct and directly on point here, it may be of some benefit to have some precedents for reference. I would observe that none of the hon. members for Malpeque, Guelph or Winnipeg North referred to any Standing Orders or Speakers' rulings, and of course those rulings are much closer to coming within the Chair's jurisdiction to consider.

I would refer the House to page 261 of the second edition of House of Commons Procedure and Practice, which reads as follows:

—numerous Speakers have explained that it is not up to the Speaker to rule on the “constitutionality” or “legality” of measures before the House.

Mr. Speaker Lamoureux, on July 8, 1969, at page 1319 of Journals, ruled on that point. He stated:

I have had occasion in the past to indicate that it is not the responsibility of the Chair to rule on questions of law or on constitutional questions. This ruling has been made in many instances by previous Speakers.

On May 2, 1989, a ruling by Mr. Speaker Fraser articulated at page 1175 of Debates some rationale for this perspective. He stated:

The Speaker should not sit in judgment on constitutional or legal matters. That role belongs more properly to the courts and to the administration of justice. Previous Speakers have been very careful in strictly addressing themselves to matters of a parliamentary or procedural nature while avoiding dealing with constitutional or legal matters.

Another ruling by Mr. Speaker Fraser on April 9, 1991, at page 19233 of Debates, offers a comment which I would suggest is analogous to the situation raised by the hon. member. In that case, the Chair was asked to rule whether a motion to make certain amendments to the Standing Orders contravened the Constitution and the Parliament of Canada Act. Mr. Speaker Fraser observed the following:

The Chair must avoid interpreting in any way, even indirectly, the limits set in the Constitution or the Parliament of Canada Act.

In these circumstances, I would argue that the Canadian Wheat Board Act is no different. Your predecessor, Mr. Speaker, has also made similar rulings, including those found at page 6123 of Debates on May 13, 2003, as well as page 4498 of Debates on March 23, 2005.

I would go further than that. If one is to accept the logic that has been set out by the members opposite, what they are suggesting is that one can, by passing a statute in the House, effectively fetter the future discretion of the House in passing future laws. In effect, by simply stating it is a law, they are saying that some laws stand above others and they essentially become constitutional provisions that cannot be amended by the House. Clearly, that would not be appropriate.

The precedent set by that approach would potentially create a very difficult situation to manage in the future, in the sense that any government could ensure that none of its measures could ever be repealed by a subsequent government through our democratic process simply by providing measures such as those that are referred to in section 47.1, barriers that stand in the way of modification of a statute. The fact is that Parliament reigns supreme on the question of passing statutes, and that includes amending statutes that are already in existence. The only law that stands above that is, of course, constitutional law.

Mr. Speaker, I would suggest for that reason also--that is, the practical, logical problems that would result were Parliament able to fetter the subsequent discretion of all future Parliaments in this fashion--that our democratic system would indeed be paralyzed and held back by the heavy hand of history.

Therefore, Mr. Speaker, I would urge you to find that the claim raised by the hon. member is beyond the jurisdiction of the Chair and that therefore no prima facia question of privilege can be found here.

Legislation to Reorganize the Canadian Wheat BoardPrivilegeRoutine Proceedings

October 18th, 2011 / 10:15 a.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I do not know why members on the government side would applaud, because my whole question of privilege is based on the fact that the Conservative government is violating the very laws of this land in its action in terms of tabling Bill C-18 the way it is worded today.

The government has tried to use some fancy language in the bill, but in summary, the bill would change the governing structure of the Canadian Wheat Board. The Conservatives say that the new act continues the Canadian Wheat Board but changes it with the marketing of grain through voluntary pooling. Part III provides for the possible continuation of the board under other federal legislation. Part IV provides for its winding up if no such continuation occurs.

There is no question that the position of the Conservative Party and the government has been one of long standing, an initiative they have attempted through previous efforts, which is to do away with the Canadian Wheat Board. Some of those efforts have been determined to be illegal, but the Conservatives have attempted them even though they have been determined to be illegal. I submit that what the government is doing today is also illegal.

There is no ambiguity in what the government intends by this legislation as the government's intent has been stated by the Prime Minister, ministers and individual members of Parliament on any number of occasions. I would even go so far as to say that both the minister and his parliamentary secretary have violated their oaths of office in the way they have been attacking the Canadian Wheat Board over the years and through this legislation today. The words of the Minister of Agriculture in recent days have been very crude. He basically said that the Canadian Wheat Board would be toast by Christmas.

I would submit that western farmers have a right to be concerned about the integrity of the government as represented by the Minister of Agriculture on this issue.

On March 28, 2011, while attending an agricultural forum in Minnedosa, Manitoba, the minister stated with respect to the issue of whether he would respect the vote of farmers and that no attempt to undermine the board would occur until a vote were held:

Until farmers make that change, I'm not prepared to work arbitrarily.... They are absolutely right to believe in democracy. I do, too.

The legislation goes against what the minister said in that statement. There has been no vote under Section 47.1 of the act as the act demands, yet here we are today. So much for the minister and his so-called commitment to democracy for the farmers of western Canada.

The intention of the legislation to terminate the Canadian Wheat Board in favour of the creation of a “voluntary” Canadian Wheat Board as part of the private grain trade goes against the wishes of the board of directors of the Wheat Board itself.

It is my position that this legislation exceeds the authority of the government on the basis that it has neglected to fill an obligation currently in legislation. Section 47.1 of the Canadian Wheat Board Act reads:

The Minister shall not cause to be introduced in Parliament a bill that would exclude any kind, type, class or grade of wheat or barley, or wheat or barley produced in any area in Canada, from the provisions of Part IV, either in whole or in part, or generally, or for any period, or that would extend the application of Part III or Part IV or both Parts III and IV to any other grains, unless

(a) the Minister has consulted with the board about the exclusion or extension; and

(b) the producers of the grain have voted in favour of the exclusion or extension, the voting process having been determined by the Minister.

The intent of section 47.1, as contained in the legislation brought forward by a Liberal government, was stated clearly to the House on October 7, 1997 at page 571 of Debates by the minister of agriculture at that time.

It states:

Throughout its history the Canadian Wheat Board has been governed by a small group of up to five commissioners, all appointed by the Government of Canada without any requirement that anybody be consulted and legally responsible only to the Government of Canada. But in today’s dynamic [1997] and changing marketplace, producers have made it clear that they want the Canadian Wheat Board to be more accountable to them. They want more control...empowering producers, enshrining democratic authority which has never existed before, providing new accountability, new flexibility and responsiveness, and positioning farmers to shape the kind of wheat board they want for the future.

The 1997 bill was about giving farmers the right to control their own destinies and their own institution, that being the Canadian Wheat Board. Under section 47.1, Parliament gave them the clear authority to have a say by providing them the ability to vote prior to the government making any changes to that act.

Through this legislation, the government is denying farmers a legally constituted right that is currently provided for in legislation. All Canadians should be worried about this affront to democracy. Farmers were given protection under a law passed by Parliament which the minister is violating. If the government can violate that law, it can violate laws that protect other people as well.

Legislation to Reorganize the Canadian Wheat BoardPrivilegeRoutine Proceedings

October 18th, 2011 / 10:15 a.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I rise on a question of privilege.

The government has tabled Bill C-18 today and I have the legislation in my hands. This bill would terminate the single desk selling authority of the Canadian Wheat Board, in effect terminating the existing Canadian Wheat Board.

Marketing Freedom for Grain Farmers ActRoutine Proceedings

October 18th, 2011 / 10:05 a.m.
See context

Battlefords—Lloydminster Saskatchewan

Conservative

Gerry Ritz ConservativeMinister of Agriculture and Agri-Food and Minister for the Canadian Wheat Board

moved for leave to introduce Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts.

(Motions deemed adopted, bill read the first time and printed)