Appeal tribunal still silent on why it denied NFU accreditation

Thursday, February 14, 2013

by SUSAN MANN

It has been almost two months since the Ontario Agriculture, Food and Rural Affairs Appeal Tribunal denied reaccreditation to the National Farmers Union in Ontario but the group still doesn’t know why it was turned down.

That’s because the tribunal released its decision denying the group reaccreditation under the Farm Registration and Farm Organizations Funding Act without reasons on Dec. 19, 2012, five days after the hearing was completed on Dec. 14, 2012. The decision, posted on the tribunal’s website, stated that full written reasons will be released as soon as they become available.

Tribunal chair Kirk Walstedt says by email a section of the tribunal’s rules of procedure states it is supposed to send notice of its decision and reasons, if any, to all parties in the appeal and the agriculture minister within 20 days after the hearing is completed. But another rule says the tribunal can “dispense with compliance with any rule at any time” to secure the most just, expeditious and cost-effective determination of any appeal.

The tribunal strives to release all decisions as soon as possible but many factors impact the timelines for releasing a decision, including “the nature of the issues before the tribunal,” he says.

“As I am sure you can appreciate, a denial of an accreditation application is a serious matter that is deserving of a full explanation,” he says.

NFU Ontario coordinator Ann Slater couldn’t be reached for comment. But in a Feb. 11 press release about a letter the group sent to Ontario Premier and Agriculture Minister Kathleen Wynne welcoming her to the agriculture position, Slater says she told Wynne their members “are extremely frustrated with the decisions of the tribunal in 2012. They feel the tribunal has taken away their voice and their option to choose the general farm organization which best represents their interests through the farm business registration program.”

She also noted that the “ongoing delay by the tribunal in releasing the reasons for the Dec. 19 decision is exacerbating this frustration and leading to further questions about the mandate and oversight of the tribunal.”

Walstedt says once the tribunal releases its reasons, they will be posted on its website. BF