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This article was published 12/12/2011 (3215 days ago), so information in it may no longer be current.

OTTAWA -- Liberal Leader Bob Rae waded into constitutional no man's land Monday, asking the Governor General to put the brakes on a bill that would end the Canadian Wheat Board's monopoly on Prairie grain sales.

Rae wrote to Gov. Gen. David Johnston Monday morning, noting a Federal Court ruling last week declaring Agriculture Minister Gerry Ritz had offended the rule of law by introducing bill C-18 without holding a vote among farmers.

CP ‘...I would ask most respectfully that full consideration be given to awaiting final disposition of this matter by the courts before the legislation receives royal assent’ — Liberal Leader Bob Rae’s written request to the Governor General

The Canadian Wheat Board Act explicitly requires the agriculture minister to consult the CWB board of directors and hold a vote among CWB producers before amending the clauses in the bill pertaining to the monopoly on Prairie wheat and barley sales.

Ritz has repeatedly said the general election last spring was the only vote he needed, because almost all the rural ridings in the CWB region voted in a Conservative MP. Justice Douglas Campbell ruled that wasn't good enough.

Nevertheless, Ritz and Prime Minister Stephen Harper pledged to push forward with the legislation, as nothing in Campbell's ruling actually prevents the bill from moving forward.

C-18 is scheduled for its final hour of debate and its final vote in the Senate Wednesday at 5 p.m. CST. After that, it will go to Johnston's desk for royal assent.

Rae wants Johnston to keep his pen holstered until the court hearings related to the bill are complete.

"As the leader of the Liberal party, I would ask most respectfully that full consideration be given to awaiting final disposition of this matter by the courts before the legislation receives royal assent," Rae wrote.

Johnston's press office did not respond to a request for comment on the letter.

In an emailed statement, Ritz said the Liberals prefer to jail western farmers for marketing their own crops while the government is improving the economic opportunities for western farmers.

"Mr. Rae would benefit from reading the Marketing Freedom for Grain Farmers Act and learning that our government has committed to assisting the Canadian Wheat Board so it can remain a viable marketing option for those farmers who choose to use it," Ritz said.

The NDP MPs distanced themselves from the Liberal request. NDP wheat board critic Pat Martin said it wasn't something the NDP asked for because the party's research suggested it wasn't a legitimate option, though he did appreciate the no-holds-barred attempt.

"It's not going to happen, but I respect the effort," Martin said. "I have no faith in this hail-Mary pass, but then again, I said that about the court case, too."

The Constitution Act does give the governor general the power to withhold royal assent, but there is nothing about how or when it can happen. Martin said as far he knows, it has never been done in Canada.

Liberal MP Ralph Goodale said Alberta's lieutenant-governor withheld royal assent to a provincial bill in the 1930s.

If C-18 does receive royal assent Wednesday, the government will immediately move to implement the part of the bill replacing the CWB's farmer-elected directors with government appointees. Farmers can begin contracting forward for grain sales as well. The full CWB marketing monopoly will be lifted in August.

The CWB directors are considering their options, including seeking an injunction to stop implementation of the bill, but had made no decisions about their next move Monday.

mia.rabson@freepress.mb.ca