Jul
17
Friends of the Canadian Wheat Board et al. v. Canada (Attorney General) et al. 2012 FCA 183
Civil Rights - Freedom of association - General - Scope of right
Section 47.1 of the Canadian Wheat Board Act required the Minister of Agriculture to consult with the Canadian Wheat Board and to gain the consent of Western Canadian wheat and barley producers respecting proposed changes to the well-established process of marketing the grains in Canada. Currently, the Minister was unilaterally proceeding to revolutionize the process by securing the imminent passage of legislation. The applicants each requested a declaration that the Minister’s conduct was an affront to the rule of law.
The Federal Court, in a decision reported at 396 F.T.R. 308, granted the applications. The Crown appealed.
The Federal Court of Appeal allowed the appeals.
