Federal Agriculture Minister Gerry Ritz and his government have won their appeal of a Federal Court ruling that said Ritz broke the law when introducing legislation to end the Canadian Wheat Board's single desk.
The Federal Court of Appeal announced its decision on Monday to uphold the appeal and set aside the ruling issued by Justice Douglas Campbell last December.
Judge Robert M. Mainville, speaking for a panel of three judges, said Section 47.1 of the CWB Act "preserves to the greatest extent possible the ability of elected members of the House of Commons, including the Minister, to change that legislation as best they see fit."
"We are pleased with this decision. The Marketing Freedom for Grain Farmers Act is in force and farmers are moving forward and contracting their wheat and barley with buyers of their choice for delivery beginning August 1, 2012. Marketing freedom will build a stronger economy by attracting investment, encouraging innovation and creating value-added jobs," said Ritz in a written statement following the ruling.
The respondents in the appeal, which included the Friends of the Canadian Wheat Board, must pay the cost of both the Court of Appeal and Federal Court cases.