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Squabble over quota ain’t
pretty
By Patrick Meagher Spencerville-area egg producer Shawn Carmichael made headlines when feathers flew on his operation south of Kemptville last March. With OPP officers standing by to keep the peace, inspectors from the Canadian Food Inspection Agency (CFIA) , accompanied by officials from the Ontario egg producers’ marketing board, raided Carmichael’s farm and began seizing his 6,000 or more birds on the allegation that he had run afoul of quota and grading regulations. Following a 10-hour standoff between officials on one side, Carmichael and the Ontario Landowners Association on the other, the birds were returned. Ever since they came on the scene three years ago, the landowners associations have championed producers whom it sees as victims of onerous government red tape and regulations. In some cases, when they believed that all legal avenues have been exhausted, they advocated breaking the rules as the only way to oppose the rules. This kind of response is hardly a new phenomenon in human history. Civil disobedience has long been practised as a means of protest – the black civil rights movement in the U.S., for instance, or the pro-life movement more recently. The fact remains, however, that as unfair as the rules might be, when you don’t want to play by the them, you take your chances in breaking them. If you get caught, you can hardly complain: You knew the rules. Long before the standoff on the Carmichael farm, word had gotten around that there were thousands of birds there and no quota in hand. An inspector arrived last September but was refused entry. A joint investigation was then launched with the CFIA. When the CFIA raided the Carmichael farm, Ontario Landowners’ president Randy Hillier jumped in and ordered Carmichael to drive his tractor onto the laneway and prevent CFIA from seizing the chickens. Hillier argued that the CFIA was acting as "judge, jury and executioner." Carmichael should get his day in court. A judge should decide the future of his chickens and eggs. "This is not about quota," Hillier argued. Sounded reasonable at the time. Farmers Forum bought the argument. So did some supply management farmers. But how long do you allow people to break the law before you stop them? If I am speeding on the highway, I am not allowed to continue speeding until a judge decides my case. Ontario’s egg farmers play by legally enforced rules, paying out $165 per hen, as a licence to produce eggs. Carmichael might argue that supply management "is broken" due to exhorbitant quota values, and this may very well be the case. Many in the industry certainly think so and have been outspoken about it. But there are more reasonable means to encourage flexibility in the industry. A fisherman can lose his fish and his boat if he’s caught without a licence. I disagree with taking away the boat on first offence but I’m not going to stop buying fishing licences. The CFIA was hardly acting as judge, jury and executioner. Carmichael had obstructed the investigation. He refused to comply with the rules and this wasn’t his first offence. Fewer than five years ago, Carmichael was caught with 150 to 175 chickens without quota. He then got rid of the chickens to avoid a fine. Ironically, it was the landowner members themselves acting as judge, jury and executioner on that fateful day in March. They were the ones who ordered that all the contraband chickens be returned to their cages. In the end, they won the day, but it is Carmichael who must live with this for the rest of his life. It is difficult to imagine a pretty outcome as Carmichael remains on the hook legally and financially, facing potentially stiff fines and the egg board’s legal fees. The Ontario Landowners’ Association have implicated themselves in the Carmichael affair and bear some responsibility in resolving it. It is incumbent on them now to stand by him and see it through. |
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