In the wake of the Conservative government's defeat in its attempt to end the Canadian Wheat Board's monopoly on barley sales, the former head of the board says its fate lies in the hands of farmers, not politicians.

A Federal Court judge quashed the government's attempt to end the board's monopoly earlier this week, saying the change made by the Tory cabinet in the spring was beyond cabinet's authority.

Judge Dolores Hansen sided with wheat board supporters and said the change would have to be approved by Parliament.

"Certainly the right decision has been made now. It means the Harper government is going to have to follow proper process," Adrian Measner, former CEO of the Canadian Wheat Board, told CTV's Question Period.

Prime Minister Stephen Harper on Thursday said the court's ruling doesn't change the government's determination to see a dual market for Canadian farmers.

"I hope the wheat board will start working with the government to make sure this is going to happen, 'cause it's going to happen one way or another," he said in Charlottetown following a Tory caucus meeting. "Whether it takes a little bit of time or a lot of time, it's going to happen."

Measner said Harper may be determined to get his way, but "now he's going to have to follow the law of the land to do so."

Federal Agriculture Minister Chuck Strahl said the government is getting legal advice on how to implement changes within the board.

"We'll consider everything from appeals to legislation and everything in between," Strahl said in a separate interview aired Sunday on Question Period.

"We're determined to move ahead with this. It was a campaign promise, we want to see it happen and farmers want it to happen."

Following the court ruling, current Wheat board chairman Ken Ritter said he understands the Tories campaigned on a promise to end the board's monopoly and allow farmers to sell independently.

But most farmers support the current system, said Ritter, and Harper's minority government would be hard-pressed to get support from the opposition parties -- who support the wheat board -- to get changes approved in the House of Commons.

Plebiscite 'flawed'

The federal government held a plebiscite last winter in which a majority of barley producers voted to open up the barley market to independent sales.

But Measner is among critics who say the plebiscite was flawed, and point out that most wheat board directors elected by farmers support the status quo.

"A number of things happened through that process," Measner told Question Period co-host Craig Oliver. "They put a gag order on the Canadian Wheat Board, they had ballots go out to multiple voters, there was no official voters list."

Further, Measner said three professional pollsters that were consulted said the plebiscite asked misleading questions that gave skewed results.

Debate

Under the wheat board's monopoly, producers must go through the board for all barley exports and even some domestic sales. Supporters say this process guarantees high prices for farmers.

But opponents say farmers should have the right to sell independently, and can get better deals on their own.

Strahl and Harper said the plebiscite made very clear that farmers want the barley market open.

Strahl pointed out that the wheat board also conducted its own internal surveys, as well as independent public opinion polls which showed that two-thirds of farmers want more market choices for their barley.

"More marketing choice means better prices, more opportunities for them, and really a solid majority of farmers want to move ahead with it," said Strahl.

"There are always going to be other opinions, but it's pretty hard to argue, and you see what happened to the market the other day when the bottom falls out of the barley market as soon as you go back to a monopoly world."

Barley prices dropped more than 20 per cent on Wednesday following the court ruling.

Liberal agriculture critic Wayne Easter has criticized the Tory government for its "ideological" effort to dismantle the wheat board as quickly as possible in an effort to create uncertainty, and prevent the board from reaping the benefits of high spot prices.

Measner rejected critics' assertions that the wheat board is overrun by bureaucrats who consistently ignore the will of farmers.

"The Canadian Wheat Board is nothing more than farmers working together to sell their product. And the wheat board is run by a farmer-elected board of directors, so every two years farmers elect directors to that board," said Measner.

"Ten of those board members are elected by farmers. So farmers put those board members in place. They're the ones setting the direction for the organization."

In December, 2006, Strahl fired Measner for continuing to oppose the government's plan to dismantle the organization.

Strahl defended that decision, telling Question Period it was "simply something that had to happen" and that time for change in the wheat sector is long overdue.

"It's either time to move to systemic change or I think the forces of change are going to force the wheat board" into changing, said Strahl. "We're determined politically to do it, sooner or later, and farmers keep sending the messages to the wheat board that the time is nigh."

Measner said he was simply following directions given to him by the farmer-elected board of directors. The Harper government "didn't like that direction and they made some moves to try to take control of the board," he said, "and firing me was one of those moves."

"I worked for the organization for 32 years. It was a change, and they had the right to do what they did. They did do it, and life goes on."