Thursday, December 08, 2011

More judicial activism

The cwb ruling seems pretty ridiculous. It should be overturned. Hopefully the Tories will appoint more judges who don't make up the laws to suit themselves.

Federal Court Judge Douglas Campbell’s decision to declare Bill C-18 unlawful is a perfect example of a judge overstepping his judicial bounds and entering into the world of politics. That’s why his decision will be overturned on appeal.

Campbell said the bill — which will eliminate the Canadian Wheat Board’s monopoly — is unlawful because government failed to consult the CWB or hold a vote among grain farmers.

Trouble is, nowhere in the act does it say those are legal requirements government must follow before eliminating the single-desk system.

To be honest, Campbell’s written decision reads more like political commentary than a judicial ruling. It has more to do with the judge’s personal beliefs than the rule of law.

He has essentially read a rule into the Canadian Wheat Board Act — under Sec. 47.1 — that simply doesn’t exist.

He may want it to exist. He may think the government has a moral obligation to hold a vote among farmers before eliminating the board’s monopoly. But that’s not what the law says.


Jen said...

If the western wheat farmers can't have the same freedom as que, ont, nfld or pei wheat farmers to sell to whomever whereever they so chose. that too is not equal rights under any law.


ALL CANADIANS from coast to coast to coast WHO SELL WHEAT should ALL bind by the same rules of the CWB.
If eastern central maritime wheat farmers can choose how to sell their wheat SO CAN THE WESTERN WHEAT FARMERS.

The judge is an ass.

Ed the Hun said...

He is a Chretien-hack appointment. Just reinforces the opinion/belief that the Conservatives have more than just the opposition to fight...they have the media, the civil service, the judiciary and of course, almost 40 years of liberalism...

Ed the Hun

Anonymous said...

Judge Campbell can kiss my ass!

bertie said...

Ed the Hun is absolutely right.And PM Harper mention just that fact when he was first elected.The press corps ,the courts,a high percentage of civil servants (elections Canada comes to mind),all the opposition parties,the CBC (even though they get more than a billion dollars in grants a year),Quebec (even though he is bending over backwards to do things for them & they get 8 billion a year in equalization payments so they can have nearly free daycare). Yep PM Harper knew what he was getting into,now all he has to do is purge these areas of all things Liberal & NDPQ and we will be on the right track.

Anonymous said...

Judges like him are planted sporadically within the system (by former Libs) and the Cons are having to clean up their mess which has held Canadian's as hostages.
To bad some of the farmers are immune to the fact that this has taken place over a number of years and are programmed to believe that it was right.
Live long - Learn something new every day.
The Libs and Dips can't get anything right.

Anonymous said...

The Canaidian Wheat Board, Egg,Board, Dairy Board and Chicken Board all do the same thing. How come Harper is only killing th wheat board? Why not all of them?

Jen said...

The PM is not getting rid of the CWB, it remains there for those farmers who chooses to use them but at the same time allowing farmers to sell on their own just like every other wheat farmers in eastern central or maritime region.

But what looks to me is that the judge wants to keep the western farmers confined while the other progress.

Anonymous said...

Guess where the CWB headquarters are located....Winnipeg...also who pays the wages of all these wheatboard employees...Iam thinking the very person that supplies the product to be sold by CWB.

I Support Lord Black