by BETTER FARMING STAFF
Grain Farmers of Ontario has filed an application in the Ontario Superior Court of Justice to interpret the province’s neonicotinoid regulations as “a legal absurdity” and delay their enactment which is scheduled for next year.
“The regulations are unworkable, pose a clear threat to farmers and set a precedent for a new way of farming. That’s why we are asking the courts for a judicial independent interpretation of these regulations,” said GFO’s chair, Mark Brock, on Monday.
GFO’s lawyer, Eric Gillespie, Professional Corporation Barristers & Solicitors in downtown Toronto, says “legal absurdity” is a term that refers to laws that can’t be made to work because of practical reasons. Gillespie describes the key element of the Ministry of Environment and Climate Change’s regulations, which come into effect on July 1, as the need for corn and soybean farmers to provide an assessment report if they want to use more than 50 per cent treated seed next year. “The only time these types of assessments can really be done is in the spring. Obviously, this year the spring has come and gone, the seeds are already planted and the crop is already in the field,” Gillespie said.
“From the perspective of the people who actually know, the Grain Farmers of Ontario, the government system appears to be completely unworkable. There is simply no time to conduct assessments next spring have them reviewed and get seed out to farmers, all within the space of just a few weeks.” The grain industry in Ontario is “very large, Gillespie pointed out.
In response, spokesman for the Ministry of Environment and Climate Change, Lindsay Davidson, wrote in an email: “We are not banning the use of neonicotinoids – farmers can continue to use them provided they are properly trained and can demonstrate the continued need for their use.
“Based on feedback we heard from farmers and stakeholders, changes were made to the final regulation including extending the training available to farmers and phasing in requirements for pest assessments.
“It will be inappropriate to comment further while legal proceedings are underway.”
Gillespie filed the action in Toronto last week, hoping that a “special court” will be able to hear the case shortly. While the earliest court date available is in August, Gillespie hopes to be able to advance the first part of this case to a date in July because “there is some urgency.” Even though the regulation comes into effect in two days, “the first date that anything really begins to happen in a practical way is in August,” Gillespie says. “As long as we get a court date in July it can be dealt with appropriately.”
The province’s goal is to reduce the acreage planted to neonic-treated seed by 80 per cent by the 2017 season. According to a press release issued today, GFO wants the regulations’ implementation delayed until May 1 of next year.
“It would be in all of our best interests to take a more collaborative approach as a whole,” Brock says.
“The point is ... to show (implementation) is not workable without consultation.
“Grain Farmers of Ontario has provided the government of Ontario a number of ways of achieving their policy objective without going this route,” Brock says.
Brock says direction for this legal action is coming from Grain Farmer members, although there is support elsewhere in the value chain. Gillespie notes that chemical makers and other affected groups have the option of taking part as interveners.
Early in a press conference Monday afternoon, Gillespie said “the courts interpret government regulation and legislation all the time. Later, when questioned, Gillespie allowed that he didn’t have an example in mind of a similar case: “The specific action that we are dealing with right now hasn’t been undertaken before because there hasn’t been an attempt by a government that we are aware of to bring in regulations like this . . . That’s one of the reasons that we probably will end up in court on this one.” BF
Comments
Let me see if I've got this correct - GFO walked out of the technical briefing in January of 2015 and vowed to not work with government to implement the neonicotinoid regulations as then proposed.
Therefore, although GFO has done everything to eschew:
(A) the consultation process with government
(B) the collaborative process with the OFA because of GFO's demands that OFA subordinate itself to GFO
GFO is now claiming that the proposed neonicotinoid restriction process:
(1) "is not workable without consultation"
(2) "is in all of our best interests to take a more collaborative approach"
It appears to me that GFO doesn't seem to understand the concept of either "collaborative" or "consultation". In addition it could be even worse for the GFO to not understand the concept of "frivolous and vexatious" litigation as well as the concept of having this sort of case summarily dismissed with costs assessed against the party launching this type of litigation.
Sorry, Mr. Brock and GFO, your neonicotinoid "boat" has sailed and has summarily sunk with all hands on deck, for no other reason than because of GFO's egregious hubris, intransigence and woeful inabilities.
Stephen Thompson, Clinton ON
Ten years ago the the Ont dairy heifer raisers looked at a law suit. Our lawyer told even if we could win in court, we would still lose. The GFO will loose all goodwill with all goverment(s). Stephen Webster Blyth Ontario.
GFO launching a lawsuit will have some real repercussions like above poster mentions. Ontario Pork was told a few years ago on a ad hoc program that left some young starting farmers with out a pay out were warned about fighting it. As much as I don't like so many of the Provincial policies they have been the only ones at RMP, gave corn growers a ethanol mandate ,subsidized crop ins.,ect. were are the Feds. in all this?-kg kimball
I agree that ontario Pork was warned but not sure you got the right answer . it was a matter of if you want any one including yourself to get any money this is how it is going to be . More like an industry willing to forgo equality for all in order to get financial gain/greed for the few . The real mistake was the payouts to deceased hog farmers . That really made the program a joke .
So-called "payouts" to deceased farmers had to be made insofar as this was, as anyone who's ever been the executor of an estate knows, income accruing to the deceased as of the date of death - sorry, it wasn't a mistake, it's the law and it's a law that makes sense.
Stephen Thompson, Clinton ON
The payment went to deceased farmers and not beginning farmers because of the producer period that was used for the payment . Gov could have easily got records as to who was currently shipping hogs . It was a cop out at best by gov and any one who supported them in using past records that were non current . Gov & the minister of the day got caught with using money to influence support from those who likely needed the help the least . Think there might have been another election coming up soon there after .
Don't give some law bs excuse .
Agree 100% young farmers got a bad deal just like all pork producers got a bad deal in '06 ad hoc grain payment when they made no payments on fed grains,subtracted any purchased feeds or proteins and corn producers statement at the time was"if there is any money left after we get ours the livestock guys can have some". As a grains & oil seeds grower and a pork producer I see lots of inequities on both sides ,just like when Carol Mitchell mpp did away with single desk selling because a few pork producers thought they could do better on there own and didn't want to pay any fees . GFO doesn't like losing the use of neonics without showing need,same in pork producers losing dry sow stalls and how that will effect production and health,filing CQA,TQA,traceability,ect. Sometimes we just have too suck it up and move on. kg kimball
GFO doesn't seem to realize that now would be an ideal time for cattle and hog farmers to petition the Premier to relax or even eliminate ethanol mandates.
In economics, this type of "tit-for-tat" is called "the law of unintended consequences" - on the street and in the school-yard it's called "payback".
Stephen Thompson, Clinton ON
Editor: Comment will be published if resubmitted and signed.
gfo is doing the right thing with this law suit. this is way bigger than neonics. if the liberals have their way by the end of the next four years they will have organic mandated and we won't need any custom sprayers.
Tackling every issue with the same intensity, regardless of the immediacy and/or importance of the issue, is usually folly and leaves the "warrior" without enough ammunition or troops to fight the really-important battles.
For example, if it turns out neonicotinoids really aren't needed at all and if this government has no interest in organic mandates, GFO will have exhausted all of its financial reserves and all of its political capital on wasted efforts, and will have nothing left to mount a campaign to keep ethanol mandates should that matter arise.
Normal "gaming theories" would have GFO decide which, either ethanol or neonicotinoids, would cause it the least grief if legislation was to affect it, and be prepared to cede it in order to keep the other.
Stephen Thompson, Clinton ON
It would seem appropriate, seeing the extent to which GFO types have whipped themselves into a lather about what might happen instead of what is actually happening, to suggest to GFO types to take the evening off and download the 1966 comedy of the above name starring Alan Arkin, Carl Reiner and Brian Keith as the sheriff with the hopeless task of calming his citizenry.
In the story, a Russian sub runs aground just off a small New England town - miscommunication and hysteria runs amok and, as might be expected, it is all for naught, just as it will be with neonicotinoids.
Besides all that, it's a really-good movie - Enjoy!
Stephen Thompson, Clinton ON
Many goverment(s) are looking at the safety of Bt corn and GMO crops as well as seed treatments. That is a lot different than saying the Liberals want to mandate organic food. Many urban people think that roundup should not be sprayed on crops grown for direct human consumption. The GFO needs to try to be very nice to protect the crop inputs now used stephen webster blyth on.
Editor: This is a response to a comment that was recently removed.
back a few months ago the minister of environment was quoted as saying that organic is a good way to farm and that they are not going after glysophate yet, as he said one thing at a time. don't fool yourself there is a agenda in the liberals for organic and it may play out by the time the next election comes around because they have shown they move fast on what they want when it comes to ag
Organic needs Local Foods push to make more money?
The liberals want to reduce Seed treatments but are not planning on banning fertilizers. Organic is not going to feed the world.
If GFO had grown a set months ago and plugged the 401 with tractors and combines there would be no legal absurdity to fight.
Jamie MacMaster
GFO's problems are directly related to already having too-much testosterone and too-little talent.
Everything GFO has done in the past eight months, all the way from advising their members to boycott the public participation process to allowing County-based districts to blame OFA for being the author of a "betrayal" to GFO, has been the utmost in arrogance, dismissiveness and unprofessional behaviour, as well as a constant demonstration of a total lack of understanding of the public's desire to see restrictions on the use of neonicotinoids.
Actually, the best thing government could see happen at this point would be for hot-headed grain farmers to plug the 401 because there would be no sympathy for farmers at all, either for neonicotinoids or for ethanol.
Stephen Thompson, Clinton ON
A farmer protest will not work at this time with a lot of new iron and $10,000 plus land prices. Many urban people think bees should be protected and do not like large farms.
The rallies on the 401 were not the doing of GFO , OFA or any other farm org .
That was done by a group of Grass Root Farmers .
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