[All] There's a happy buzz in the air this morning!
Gregory C. Michalenko
gcmichalenko at uwaterloo.ca
Thu Apr 21 09:44:43 EDT 2016
The bees (and the birds) should be smiling today!
The Globe and Mail Report on Business (p. B10) reports that the Ontario Court of Appeal has sided with the Ontario Ministry of the Environment and backed a decision by a lower court judge that rejected the Grain Farmers of Ontario's (GFO) appeal of the ban of neonics on soybeans and corn.
Here' the legal wording of the decision: "The regulation is not ambiguous and GFO has not identified a genuine dispute about the farmers' rights and obligations. To grant the remedy that GFO seeks would be tantamount to amending a regulation through interpretation, a remedy well outside the court's discretionary power to order declaratory relief." The GFO argued that the law infringed on their property rights. The court stated that the restrictions were constitutionally vlid: "The limitation of a right does not, standing alone, create a justiciable issue."
- Greg Michalenko
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