Pork battle goes another round

Thursday, March 12, 2009

© AgMedia Inc.

by BETTER FARMING STAFF 

An appeal tribunal ruling, issued today, has cast doubt on implementation of an Ontario Farm Products Marketing Commission order to kill Ontario Pork’s single desk powers April 1.

The 13-page ruling from the Ontario Agriculture Food and Rural Affairs Appeal Tribunal states: “The appeals to the Tribunal will continue to operate as a stay of the Commission’s decision, pending the next day of the pre-hearing conference at which submissions on the issue will be heard.” 

The pre-hearing conference, begun Monday will continue in Guelph on April 17. 

During Monday’s pre-hearing conference Commission lawyer Sara Blake repeatedly stressed how efficient the original Commission hearing had been. Blake argued that producers who didn’t take part in the four days of commission hearings last July had no right to appeal its decision afterwards.

In today’s decision however Tribunal vice-chair Marthanne Robson, Ottawa, observed: “Arguably, if the Commission had advised parties of the extent of participation necessary to preserve a right of appeal, their hearing might not have been quite so efficient.”

The Tribunal granted status as appellants to producers Rein Minnema, Fields Farms Ltd., Huron County Pork Producers Association and Districts 10, 11 and 12 Pork Producers.

Despite urgings from both Ontario Pork and the Commission at the pre-hearing conference on Monday Robson postponed hearing a motion about the statutory stay until April 17. Lawyers for both parties have offered conflicting opinions on what the stay means. BF