OTTAWA - A court decision has derailed, at least temporarily, the federal government's plan to strip the Canadian Wheat Board of its monopoly on western barley sales.
Federal Court Judge Dolores Hansen ruled Tuesday the Tory cabinet overstepped its authority earlier this year when it passed a new regulation to allow farmers to sell their barley independently.
"I conclude the new regulation is ultra vires (beyond cabinet's power) and of no force and effect," Hansen wrote.
The judge sided with supporters of the wheat board, who argued any changes to the board's monopoly must be made via a law passed in Parliament -- something that could be blocked by the opposition.
"Disappointed" seemed to be the only word Tuesday night on the mind of federal Agriculture Minister Chuck Strahl.
"Well, obviously, I'm very disappointed," Strahl said in a telephone interview from Charlottetown. "The Federal Court has made a decision I'm very disappointed with."
Strahl said he never expected the case to end up in court in the first place.
Now, the government's lawyers and analysts will carefully review the ruling, he said, adding it's too early to say whether they will launch an appeal.
"The legal advice that I had was that we had a very strong case," he said.
"I didn't think it would actually be challenged. Obviously, that came to pass ... and obviously I'm very disappointed in the ruling that came down."
The wheat board, naturally, felt they had a reason to celebrate.
"It's a victory for farmers," said Ian McCreary, a board director who farms in Bladworth, Sask.
McCreary said the minority Tory government in Ottawa will have a tough time getting its changes through Parliament, because the opposition parties have thrown their support behind the wheat board. It's something Strahl wouldn't speculate on, since the government hasn't decided on their next step.
The issue has divided grain producers. Those who support the status quo say the board's monopoly ensures farmers get higher prices on the global market.
Opponents say farmers should have the right to choose whether to sell through the board or try to get higher prices for their grain independently.
The issue has also divided the Prairie governments. Manitoba and Saskatchewan have backed wheat board supporters, while the Alberta government has backed the farmers seeking choice.
Manitoba Agriculture Minister Rosann Wowchuk said her government has maintained there should have been a debate on the floor of Parliament about the wheat board.
"We've always said we were concerned about the democratic rights of farmers, and that it was critical that any decision made about the wheat board be made in a democratic way."
Wowchuk wouldn't speculate on the reasons the Tories tried to make the change through a cabinet order but added: "I think that the Conservatives will have a very hard time passing this through Parliament."
Saskatchewan Agriculture Minister Mark Wartman welcomed the ruling, and advised Strahl to heed it.
"It's time that (Strahl) respected the autonomy of the farmer-elected board and stopped trying to jimmy the process."
Critics of the wheat board, however, remained defiant.
"It certainly isn't the end of the road for us," Cherilyn Jolly-Nagel, president of the Canadian Wheat Growers Association, said from her farm in Mossbank, Sask.
"If we have to wait a little longer and work a little harder, we're willing to do that."
In Alberta, Western Barley Growers Association president Jeff Nielsen warned the decision means a continuation of a stagnant barley market.
"By not moving forward, barley will not see the growth we all need to increase returns back to our farm gate," Nielsen said in a release.
