Art Mainil to seek judicial review

CWB vote tabulation to be held today in election

By GREG NIKKEL of the Weyburn Review

The tabulation of votes in the Canadian Wheat Board director elections will get underway today, Dec. 29, and will continue until the process is completely done, following a ruling in Federal Court released on Dec. 23.

The court was asked to rule on an application for an injunction, filed by local CWB candidate Art Mainil of District 8, who sought to have the election overturned due to irregularities in the voting process.

The vote coordinator, Peter Eckersley of Meyers Norris Penny, said Tuesday the main judgment went their way when Justice Anne MacTavish rejected the application for the injunction, although conceded an opportunity was left for Mainil to pursue via a judicial review.

"The judge was asked primarily to rule on the injunction request. She did not rule on whether a judicial review should or should not take place, but gave leave for Art Mainil to go through the legal proceedings if he felt it was necessary," said Eckersley.

He added the tabulation will continue until it is done, and all candidates will be informed of the results afterwards, likely by Wednesday evening. The results will also be posted on the CWB election website. The winning candidates will assume office as of Friday, Dec. 31.

For Mainil's part, he left no question about whether he thinks a review will be necessary.

"We didn't get everything we wanted, but we could get everything we want through a judicial review. They would have to show us everything, faxes to and from the wheat board, memos. It would be a comprehensive review; as the judge said in her comments, she found that a serious issue exists. That's pretty serious stuff," he said in an interview on Monday.

While he was disappointed he didn't get the injunction, Mainil said western Canada can still claim a victory in the justice's ruling.

"Western Canada did have a victory. I don't know if western Canada realizes how badly we are discriminated against. It's the biggest yoke we could have, and it's just practiced in western Canada. Ontario and Quebec don't have to live under this (wheat board)," said Mainil. "I think for the time (the justice) had, she gave us the best judgment she could. We dropped this on her pretty quickly."

Pointing out that western farmers only get about half of what eastern Canadian farmers get for their product, Mainil commented, "All we're asking for is fair treatment. If you want unity in your home or business, try treating everyone equally. You've got to be fair, and that's all we're saying."

Among the irregularities claimed in the election, some 800 CWB permit-book holders were not sent ballots at first because they had not made deliveries in the last two years. When the omission was discovered, ballots were sent out, although in some cases leaving little time to vote; Mainil also claimed that some of the late-sent ballots didn't arrive prior to the postmark deadline of Dec. 3, and these were not allowed to be sent in late.

"They broke their own rules. There should be heads rolling for something like that," he said.

Mainil wanted the election held over again, but using Election Canada rules rather than those set up by Meyers Norris Penny so every ballot could be accounted for. "Somebody at the wheat board is playing God. They have no right to, and we're going to find them," Mainil said.


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