Digests

AGrIculTurE

Judicial review challenging certain directions of Minister of Agriculture and Agri-Food to Canadian Wheat Board (CWB) changing how voters list compiled for election of CWB directors—Minister directing that election coordinator publicize voter eligibility criteria—Applicant contending Minister exceeding lawful jurisdiction in directing such changes, decision contrary to Regulations respecting the Election of Directors of The Canadian Wheat Board, SOR/98-414—Respondents submitting none of applicants having standing to bring application—Two ways in which applicant can establish standing in judicial review application: personal standing, public interest standing—Applicants basing application upon personal standing, but indicating broader public interest at stake—However, applicants making no formal attempt to acquire public interest standing—Assessment of standing thus confined to personal standing under Federal Courts Act, R.S.C., 1985, c. F-7, s. 18.1(1)—Act, s. 18.1(1) requiring person bringing application be directly affected by matter in respect of which relief sought—No evidence applicants herein have been directly affected, might be directly affected by decision—Merits of application nonetheless considered in event Court mistaken as to standing—Minister’s decision attempt to ensure only producers get onto voters list, vote for directors—That decision in accordance with Canadian Wheat Board Act, R.S.C., 1985, c. C-24, Regulations—Measure intended to ensure integrity of voters list measure determining proper conduct, supervision of election of directors within meaning of Regulations,

s. 3.07—Application dismissed.

Friends of the Canadian Wheat Board v. Canada (attorney General) (T-1457-08, 2010 FC 104, Russell J., judgment dated January 29, 2010, 29 pp.)