Processors sidelined in chicken flap

Friday, March 4, 2011

by SUSAN MANN

A chicken processors’ association can make submissions but not add documentary evidence, call or cross examine witnesses in an upcoming hearing on farmers ability to sign contracts with processors in other provinces, the Agriculture, Food and Rural Affairs Appeal Tribunal has ruled.

The tribunal handed down its ruling March 3 granting the Association of Ontario Chicken Processors intervenor status in the hearing that begins March 7 and continues on March 8 and March 22.

In a letter dated Feb. 17, the association, which represents 11 chicken processors reflecting 95 per cent of the provincial chicken processing industry, requested full party status at the hearing. Chicken Farmers of Ontario (CFO) supported the association’s request.

But chicken farmer Henry Bos, who launched the appeal, favoured a more limited intervenor role for the association, it says in the tribunal’s written decision.

Bos is challenging CFO’s regulatory moratorium imposed October 22, 2009 that limits any additional processing contracts between Ontario chicken farmers and processors in other provinces.

In its written ruling, the tribunal says the association’s application for full-party status came on the eve the hearings were scheduled to start. The tribunal was concerned about “fairness to the parties” if it allowed the association to have full-party status at such a late date.

Participants in the hearing had a deadline of Feb. 7 imposed by the tribunal to exchange all documentary evidence.

The tribunal also says in its written ruling it wasn’t satisfied the association’s participation as a full party was necessary “for a properly informed adjudication of the appeal issues.”

But the tribunal concluded the association could usefully contribute to the process “as a friend of the court.” It could participate as an intervenor and provide the tribunal with submissions. BF