Courtroom 400!

Good Day Readers:

Last Thursday we had occasion to attend an Appeal Hearing in the Federal Court of Canada (Winnipeg) before an out of province 3-judge panel.

You may recall, when the Conservatives came to power approximately 5-years ago Mr. Harper publicly stated it was his government’s intention to dismantle the Canadian Wheat Board. A group, “Friends of the Canadian Wheat Board” emerged to challenge this policy.

It’s a complicated case that goes back a few years involving a couple trials, multiple pieces of legislation, regulations legal definitions and interpretations. In the latest appeal the crux of the matter seemed to come down to a policy directive contained in a letter written by the Minister of Agriculture, responsible for the CWB, during the Fall of 2008.

While the government claimed it was an attempt to improve the accuracy of voters’ lists for the election of Directors to the Board, those opposed claimed, in effect, it created a two-tiered system for obtaining a ballot carrying the possibility some entitled to vote could inadvertently or otherwise be disenfranchised. Permit holders already possessing the right to grow and sell wheat versus those without a permit but nevertheless legally entitled to the same rights.

Friends of the Canadian Wheat Board were represented by Mr. Anders Bruun. You might recognize that name as the attorney who has represented us in the Manitoba Metis Federation’s alleged defamation lawsuit. The CWB and Crown (federal government) had their own lawyers in court.

Mr. Bruun was nothing short of masterful. Given the mountain of documentation that has accumulated to date in the case he was completely on top of the facts as he built his arguments moving from document to document to document back and forth. More than that, the material was presented in such a way the judges had no difficulty whatsoever following Anders Bruun lengthy presentation. In fact, he was only asked one minor clarification question.

Compare this with the Crown attorney who was constantly peppered with questions and politely challenged by all three judges on many occasions. At times it was as though he couldn’t’ get two sentences out without being interrupted.

At least to us it was apparent FCWB won their appeal. The decision was reserved so it will likely be a few months before a written ruling is handed down. However, at that time look for it to be covered by the province’s mainstream media.

Could the Opposition Parties make the Canadian Wheat Board an election issue? Quite possibly.

Sincerely,
Clare L. Pieuk

Addendum

At the start of the first Friends of the Canadian Wheat Board legal action a few years ago the Manitoba and Saskatchewan governments contributed $20,000 and $30,000 respectively toward the group's legal costs. FCWB won the first case at both trial and on appeal.

It appears the weaker party with fewer resources at its disposal has prevailed. Meanwhile, the federal goverment has taken every liberty in the book, and may be a few new ones, to undermind the Canadian Wheat Board but have been stymied at every turn execpt for the trial for which the appeal was heard last week (February 24, 2011). But even there it looks good for the Appellants.

Time to give up Mr. Harper before this becomes an issue in the next election? Friends of the Canadian Wheat Board is comprised of approximately 200 members both urban and rural.

Anders Bruun

After several years as a senior partner with a well-known Winnipeg firm where he specialized in general practice focusing on agricultural and agri-business law, Anders formed his own company. As Corporate Secretary and General Counsel to the Manitoba Pool Elevators (1992-1998) and solicitor for the Canadian Wheat Board (1984-1992), he acquired extensive experience in business and corporate matters which include:

• developing commercial programs and other corporate finance transactions
• establishing contracts for commodity purchases and sales
• asset acquisitions
• employee benefits issues
• corporate governance

He has participated extensively in the legislative process at both the federal and provincial levels through involvement in the development of several amendments to the Canadian Wheat Board Act from the initial conceptual stages to Parliamentary Committee Review. As well, Mr. Bruun has been involved in a detailed review and implementation of the Manitoba and Canada Cooperatives Acts by appearing before Legislative Committees and is a member of the Agri-Food Research and Development Initiative Council.

As a Director of the Cooperators Group Limited and five of its subsidiaries, Anders has gained invaluable experience in matters relating to governance. He has also chaired the Corporate Governance and Resolutions and By-laws Committees of the Cooperators Canada's largest wholly owned Canadian general insurer listed on the Toronto Stock Exchange.

In 2007 Mr. Bruun assisted by Jeff Niederhoffer successfully defended former Manitoba Lieutenant Governor W. Yvon Dumont in a lawsuit brought by the Metis National Council. Anders subsequently won a challenge in the Court of Appeal.

He is Denmark’s Honorary Consul for Manitoba having been appointed by Her Majesty Margarethe II of Denmark in 1983. Mr. Bruun was awarded the prestigious Knights Cross of Dannebrog in 1992, the Knights Cross of Dannebrog (First Class) in 2001 and the Queen's Golden Jubilee Medal in 2003 for outstanding community service.

Anders is currently researching and writing a book on commodity pricing with special reference to Manitoba's canola industry.