Statement of Facts
Obtained Through the Information Act and Other Documents Concerning
Canadian Wheat Board, RCMP, Customs & Revenue & Justice Officials
On September 8, 1994 Parish & Heimbecker faxed a letter to Chuck
Cardick of Agriculture & Agri-Food Canada informing them of the
refusal of Canada Customs Officials at Sarnia, Ontario to accept the new
documentation required to export Canadian Wheat Board Grain.
A briefing document of discussion dated November 3, 1995 reveals that
Custom Adjudication was prepared to render a final decision, predicting
that it would take years for the Federal Court to render a decision on the
farmer's appeals. After seven years the farmers are still waiting
for their day in court.
One major concern identified in the November 3, 1995 document was that
large amounts of grain were exported by vessel out of Thunder Bay and by
rail through Fort Frances without the required Export Permits. The
Board ignored the information claiming the violators were their accredited
Exporters who bought the grain through the buy-back program and caused no
harm to the Pool Accounts. The fact is, if there is no Export
License, there is no record of the Buy Back price, the amount of grain
exported, or its grade.
The Justice and Customs and Revenue Officials were negligent in not
ordering an investigation into all the grain exported to the US from
Ontario and Quebec without an export Permit. This type of conduct is
subject to prosecution under Part IV, Sec 126 of the "Offenses
Against Administration of Law and Justice." Custom officers are
required by law to report non-compliance of the Customs Act.
Detailed action plans discussed with the RCMP have been deleted from
Section (A)(ii) of the November 3, 1995 document. This information
has to be made available to charged farmers under disclosure rules in a
criminal prosecution.
In the Daily Occurrence Report of March 15, 1996, the question is who
were the Canadians that went to Washington on March 20, 1996 to get an
extension for the use of American documents in order to prosecute western
farmers. Did this meeting also deal with the grain companies
non-compliance in using Export Permits and falsifying Grade Certificates?
A meeting in Ottawa in the Connaught Building on Monday, June 23, 1997
was attended by Howard Migie and John Dyck of Agriculture and Agri Food
Canada, Margaret Redmond, legal council for the CWB, Clyde Bond, Crown
Council, Ron Ferniak, Paul Vienneau and George Durston of Customs and
Revenue Canada. This meeting was held with the intent to discuss how
government could manage the legal issues that might force the discontinuation
of the civil proceedings, either because the defendants had no chance to
respond to the s3 charge or on the basis that s3 was not valid in
law. Even with this information, the bureaucrats at the meeting were
willing to continue to prosecute western farmers will full knowledge that
they might be in violation of a Canadian statute of law.
One unanswered question is: why did the three provincial governments
sit idly by and allow western farmers to be prosecuted by the CWB while
grain companies escaped prosecution for the same violations? The
Provincial Attorney Generals and Agriculture Ministers have had enough
information to know that there were violations of the Act in the Wheat
Board operations. The video "Against the Grain" is
sufficient evidence to prove the discriminating pricing policies of the
CWB.
The Response of the RCMP Public Complaints Commission to my submission
of June 27, 1996 proves Sam Hoggs, Commission Investigator's statement
that my complaint was a waste of effort because the RCMP would cover up
the charges against them. The November 3, 1995 document proves the
RCMP had cut a deal with the CWB to prosecute western farmers. Any
complaints by western farmers to RCMP against the CWB had to be identified
as no criminal to protect their involvement in trying to squash any
anti-wheat board sentiment as demanded by the Liberal government.
The ruling by the RCMP Public Complaints Commission strongly suggests
that the RCMP Public Complaints Commission is a vehicle to cover up RCMP
violations of the law and protects them from prosecution.
Ken Lyne's complaint against the Canadian Wheat Board was investigated
by Corporal WR Anderson of the Manitou RCMP detachment. He
interviewed Brian Long, Manager of the UGG Elevator at Manitou. In
his statement to the ECMP Commercial Crime Unit in Winnipeg Cpt. Anderson
identifies the non-event charges for storage, elevation, dockage removal
and freight to Thunder Bay. Also the buy-back seems to be another
problem.
On March 2, 1996, on the order of Paul Adams, Country Services &
Gordan Lily, Legal Department of the CWB, Brian Magil of UGG instructed
the Manitou UGG elevator to cancel Armand Leverault's CT 2167775-2 and CT
2167776-0 Milling Wheat storage tickets and reissue same as off-board feed
wheat which is a violation of the Canadian Grain Commission Act.
Conclusion:
- The draft document for discussion - November 3, 1995
The illegal Wheat and Barley Daily Occurrence Report - March 15, 1996
The Ottawa Wheat and Barley Meeting - Monday June 23, 1997 at the
second floor in the boardroom of the Connaught Building, proves that
the Liberal government knowingly mislead the House of Commons and were
willing participants in trying to cover-up the illegal practices of
the Canadian Wheat Board. Ralph Goodale, Wheat Board Minister,
refused to accept any of the recommendations of the Western Grain
Marketing Panel giving western Canadian farmers no hope for marketing
choice, similar to what eastern farmers enjoyed.
- The fact is that on December 10, 1997, Manitou RCMP asked for a
"stay of information and arrest warrants" against American
liquor and tobacco smugglers. However, at the same time, US Customs
officials collaborated in "Operation Wheatbar".
Operation Wheatbar is the code name for the prosecution of western
Canadian farmers exporting grain without a CWB export license.
This disclosure of Operation Wheatbar means the Canadian government is
determined to prevent western farmers from gaining marketing choice
even if it means losing millions of tax dollars from smuggled American
liquor and tobacco. Why?
- The CWB used the biased farm media to cover up their
violations. Laura Rance of the Manitoba Co-operator claims Ken
Lyne wasn't telling the truth about storage cost on his grain in his
bin on the farm. Rance says "it is a stretch to suggest
illegality or even incompetence." The documents Ken Lyne
included in his complaint to RCMP were available to her.
- Lorne Hehn's letter of threats of legal action against me suggests
Mr. Hehn knew something was very wrong and probably criminal so he had
nothing to lose to attempt a cover-up by threatening me and the Reform
Party.
- Harvey Westfall's documents prove the initial price at the country
elevator for grain going to the US should be export initial price at
Thunder Bay. The documents from Peter Slivinski prove the CWB's
buy-back schemes had no formula on how to price feed wheat being
exported to the USA.
- May 18, 1994 - Telegraphic Transfer -- A document in triplicate
showing a telegraphic transfer of 47.366 tonnes of feed wheat from
Thunder Bay to Montreal. The document shows a price of $135.00 a
tonne in-store of $135 a tonne should have been the export price at Thunder
Bay. How is the $25.00 a tonne freight from Thunder Bay to
Montreal recouped for the Pool account, or is this another way for CWB
accredited exporters to get special benefits?
- One of the government's reasons for changing of the Act was to
remove the CWB liabilities from the government and transfer the
liabilities to the Board itself. Was this done because
government knew the CWB was violating a number of CWB statutes:
improper accounting practices, paying the cost of export licenses for
farmers in the non-designated area, from pool accounts or claiming the
legality of the buy-back as a cost for the export license for Western
Farmers while Eastern Farmers received a cost free export license.
- All the information documented in points 1-7 should be enough
evidence to order a forensic audit of the CWB's annual audits.
- The fact that the Liberal government knowingly mislead the House of
Commons on the operation of the CWB for eight years should be enough
evidence for parliament to demand a Judicial Inquiry.
- The CWB's demands that the Justice System, Customs and Revenue and
the RCMP provide a cover up for their violations of the Act should without
any doubt, end the CWB's monopoly.
- Justice Department lawyers and Crown Prosecutors were willing to
knowingly use false information in defense of the Canadian Wheat Board
and prosecution of Western Canadian Farmers exporting small amounts of
grain without an Export License. However, the Customs and the
CWB in 1995 turned a blind eye to the huge amounts of grain being
moved, without an Export License, by grain companies into the US
through Ontario and Quebec. Criminal charges should have been
filed against these violations by the grain companies and Wheat Board
officials charged with negligence and obstruction of justice.
- The CWB's negligence in not prosecuting their accredited exporters
for exporting grain in the US without an Export License could be
classified as dumping, most likely justifying the US government
slapping a 40 to 60 cents per bushel tariff on Canadian grain.
The fact that the past two Chief CWB Commissioners have been CEOs of
grain companies makes it suspect that grain companies were allowed to
manipulate the cost of farmer's buy backs for their Export Licenses.
- The filing of a Statement of Claim against ConAgra Ltd., by the CWB
on June 5, 2003 is suspected to be a smoke screen or detraction from the
real issues. Is this another legal move by the CWB to protect
and give Government Officials and Ministers an excuse to refuse to
give answers to questions in Parliament on the discriminating Wheat
Board operations by claiming "the issues are before the
courts?"
- In the Statement of Claim, June 5, 2003, against ConAgra, the CWB in
Points 12 and 13 outline the procedure for the producer direct sales
process:
- For western Canadian grain producers the CWB has established a
Producer Direct Sales Process pursuant to which western Canadian
grain producers may obtain licenses to export grain.
- The producer direct sales process requires a western Canadian
grain producer that wishes to export to deliver its grain tot he
CWB, and then purchase it back at the CWB's export price for that
day. The producer may then obtain a license to export the
grain. The process ensures that the CWB receives the portion
of the profit attributable to the pooled marketing system.
The statement that the producer purchases the grain back at the CWB's
export price for that day confirms that the buy backs for 1993 &
1994 feed wheat were all fraudulent.
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