Digests

Agriculture

Appeal from Federal Court decision (2010 FC 104) dismissing judicial review of Minister of Agriculture and Agrifood’s decision to issue directive pursuant to Canadian Wheat Board Act, R.S.C., 1985, c. C-24, s. 3.07 regarding proper conduct, supervision of election of directors to Canadian Wheat Board (CWB)—Minister’s directive denying automatic inclusion in voters list for permit book holders not having delivered grains to CWB during certain crop years—Federal Court finding appellants having no standing to bring application for judicial review, finding no evidence appellants directly affected by directive, Minister having proper authority to issue directive—Regarding personal, public interest standing of appellants, Federal Court’s view of concept of “directly affected” too narrow—Fact that appellants’ right to vote not affected not meaning that directive having no prejudicial effect on some rights associated with right to vote—Directive changing rights attached to holding permit book, thus directly affecting appellants—Imposing on appellants obligation to establish eligibility to vote through newly created application form process—Such direct effects giving appellants standing—As to merits of appeal, Minister wanting to ensure that only producers eligible to vote at election appearing on voters list, i.e. producers actually engaged in production of grain—Directive providing means for facilitating proof of voting eligibility—Court in agreement that measure intended to ensure integrity of voters list measure that determines proper conduct, supervision of election of directors within meaning of Act, s. 3.07—Appeal allowed in part.

Friends of the Canadian Wheat Board v. Canada (Attorney General) (A-81-10, 2011 FCA 101, Létourneau J.A., judgment dated March 16, 2011, 18 pp.)