Tuesday, February 08, 2005

Afternoon session begins with DFO documents

Lawyers for Chris Birch continued their oral arguments before Justice Lane, Justice Jarvice and Madame Justice Swinton just after the morning recess.

At the break, it was clear that Birch wanted to discuss the mornings events with his lawyers. Iit was clear that they were focussed on their upcoming presentation.

Former Chair of the DFO Gordon Coukell's testimony from the Ontario Agriculture and Rural Affairs Tribunal where he claimed there was a risk to Ontario farmers from retalliation from US and. New Zealand at WTO table. Lawyers argued this was not provincial jurisdiction but federal.

Lawyers complete introductory arguments at judicial review

Lawyers acting on behalf of Georgian Bay Milk Company has just completed their introductory arguments in their efforts to overturn the ruling of former Ontario Agriculture Minister Helen Johns.

In summer of 2003, Johns ruled Georgian Bay Milk Company could not continue to export milk because of a World Trade Organization challenge.

Chris Birch, president of Georgian Bay Milk Company, subsequently initiated a judicial review, which is being heard in the Superior Court of Ontario today in Toronto.

The court has set aside three days to hear submissions from Geogian Bay's lawyers Afleck, Greene and Orr, the Attorney General of Ontario and Dairy Farmers of Ontario.

Federal laws would need change to meet DFO criteria

Arguments continue, as lawyers say to do what DFO wanted to do regarding the export of milk would require change of federal legislation.

DFO acts in self-interest, according to lawyers

Dairy Farmers of Ontario, the provincial supply management body, in forcing clients to get quota. It acted in self-interest and self-interest only, said Birch's lawyers.

Lawyers argue subsidized milk cannot exported

Subsidized milk. Can't be exported.

Remained silent on un-subsidized milk.

International matter, not provincial, say lawyers

The exporting of milk is a federal jurisdiction, a matter of international trade, lawyers say.

Exported milk not subsidized, says lawyers

From affleck greene and orr
Nothing to do with supply management.

Clariffies that birch milk is not subsidized

Lawyers bring forward documents

Lawyers for Chris Birch, owners of Georgian Bay Dairy, a leader in the legal action to have milk exported, has 21 binders of supporting documents.

Dairy Farmers of Ontario has 15

Attorney General's office has at least 17

Exchcange between lawyers ends in withdrawl of statement

Lawyer for Birch withrew some words and sentences from factum because they went too
Far. In his words.

Hearing begins for dairy group

Justice Lane Justice Linton

All presentations should be heard today