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Lethbridge Herald Newspaper Archives

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Lethbridge Herald, The (Newspaper) - March 29, 1973, Lethbridge, Alberta Judgment held in rapeseed appeal case U.S. ENDS INTERVENTION IN VIETNAM By WARREN CAKAGATA Herald Slaff Writer A judgment on the appeal of Alberta's test cose on rapeseed over-delivery to a domestic crushing plant will be handed down April 27 by district court Judge C. G. Yanosik. The appeal, heard Wednesday In Lethbridge dis- trict court, is on behalf of Charles Siltala, of Trochu, convicted in provincial court Jan. 5 of unlawfully de- livering to Western Canada Seed Processors, in Leth- bridge, rapeseed in excess of quota requirements set down by the Canadian Wlieat Board. On March 2, 1372, Siltala trucked 5S7 bushels oE "other rape" to WCSP, alter having made, in the same crop year, previous deliveries of rapeseed totalling 472 bushels, court was told. ONLY ONE QUOTA The crown contended there is only one quota for rapeseed, and therefore, Siltala could legally deliver only bushels of rapeseed for the entire crop year. Evidence indicated that Siltala had assigned 100 acres to "ether rape" and 12 acres for "rapeseed to and that quotas were 15 bushels per assign- ed acre for "other and XO bushels per assigned acre for "other rape (o crushers." (Twelve acres multiplied by 20 bushels per acre, added to 100 acres multiplied by 15 buslrels per acre, equals bushels.) According to a schedule of facts agreed to in ad- vance by prosecution and defence, Siltala had, on Oct. 15, 1971, delivered 514 bushels of rapeseed to his des- ignated delivery point in Trochu and that on Nov. 16, be shipped 958 bushels to WCSP. The total number of bushels delivered in the three shipment adds up lo busiwls, or 298 bushels in excess of what was legally allowed, the court was told. AGGREGATE OP THREE QUOTAS Gordon George, an investigator for the Canadian Wheat Board and the only crown witness, told the court that while there are separate delivery quotas for "low erucic ficid "other Cor regular) rape- and "oilier rapeseed for the quota for rapeseed is represented by the aggregate of these three quotas. Defence, represented by Edmonton lawyer Alan Cooke, contended that there are three specific and separate quolas for the grain. A directive, tendered in evidence, from the CWB for the crop year 1971-72 set a quota for "other rape" at 15 bushels per assigned acre, and because of a short- age of rapeseed at domestic crushing plants, allowed farmers to deliver "other rape'1 to crushing plants, if they trucked It. Based on this directive, the defence .maintained that as Siltala's October shipment of 514 bushels was "other he could legally slu'p up to 986 bushels of "other rape" to WCSP. As he shipped only 567 bushels to WCSP on March 2, 1972, Air. Cooke argued that he should be cleared of the over-delivery charge. (Fifteen bushels per assigned acre multiplied by 100 assigned acres equals of "other Siltala's shipments of ''other rape" totalled hush- els, or 419 bushels less than he was allowed to deliver.) CONSTITUTIONAL POINT The case, in addition to dealing with the question of whether or net there is more than one quota for rape- seed, also dealt with a constitutional poinl: Does the Canadian Wheat Board have the authority to regulate inlra-provincial Irade of grain, if it does rot interfere with Hie maintenance of an orderly ex- port market? Under the Brilish North America Act, the federal government has legislative power to regulate intra- provincial trad? in a situation where a grain elevator is involved, as a grain elevator is declared lo be to the general advantage the country, Hie court was told. Sir. Cooke argued that the Canadian Wheat, Board Act did not specify WCSP as a grain elevator and that therefore, the act could not regulate intra-provincial trade. Crown prosecutor John Boras stated that under (he SAIGON