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.