Parliament Acted Legally When It Passed Bill C-18

Last week, in an op-ed column on Bill C-18, the Marketing Freedom for Grain Farmers Act (the legislation that ends the Canadian Wheat Board's monopoly of wheat and barley sales), Peter H. Russell, professor emeritus of political science at the University of Toronto, said the government of Canada took the position that "it could simply ignore legislation passed by a previous Parliament." There are three problems with his opinion.

First, the government did not take that position. It held that Bill C-18 was introduced and passed in a manner completely consistent with parliamentary and constitutional law and practice.

Second, the argument that the previous Section 47 of the Wheat Board Act is a "manner and form" requirement is simply not legitimate. The vote required in that section was dependent on the action of others. A "manner and form" requirement must be limited to the actions of the minister and of Parliament. The insertion in Section 47 of a future requirement