The Canadian Wheat Board office.

The Canadian Wheat Board is extremely pleased with Wednesday's federal court ruling that the Minister for the CWB acted illegally in denying Prairie farmers a vote on the board's future.

Justice Douglas Campbell says Section 47.1 of the CWB Act requires the minister to consult farmers before making change to the board's structure.

CWB Director Stewart Wells says the Federal Government's mishandling of the file has created a lot of uncertainty, "At the Canadian Wheat Board, we've said all along that what's required is the vote of farmers and if the Government would have started at that point, we wouldn't be in this position now and neither would they."

Wells and CWB Chair Allen Oberg are in Ottawa Thursday to address a Senate committee on Bill C-18.  Wells says they need to freeze the passage of the bill, "Give their government time to assess the situation and go out and do the right thing and trigger the vote of farmers.

"That would be, in my mind, the responsible thing for the Senators to do."

On the other side of the coin, Agriculture Minister Gerry Ritz says the government will appeal the ruling, "We are disappointed with the Federal Court declaration.

"We will never reconsider Western wheat and barley and farmer fundamental right to market their own wheat and barley," added Ritz.

Government lawyers had argued that their government is free to amend
or repeal laws as they see fit, "Not only is our government convinced that we have the right to change legislation, we have the responsibility to deliver on our promises and give farmers in Western Canada to market their own grain."

He went on to say, "The Parliament of Canada alone has the supremacy to enact, amend and repeal any piece of legislation.  This is a fundamental feature of democracy."

Ritz introduced legislation in Parliament in October to end the Wheat Board's marketing monopoly on Western wheat and barley by next August.