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FEATURE<br />
Churchill’s viability as a commercial port is doubtful.<br />
In conjunction with <strong>the</strong> removal <strong>of</strong> <strong>the</strong> single desk<br />
<strong>the</strong> government announced a per-tonne incentive<br />
program for shipments through <strong>the</strong> Port. The owner<br />
<strong>of</strong> <strong>the</strong> port facilities is not a grain company, so it is<br />
not yet clear whe<strong>the</strong>r <strong>the</strong> subsidy will be sufficient<br />
to attract grain away from <strong>the</strong> pipelines owned by<br />
<strong>the</strong> grain handlers in <strong>the</strong> GHTS.<br />
Maintaining <strong>the</strong> Port is a public policy decision.<br />
The government’s express interest in Nor<strong>the</strong>rn<br />
sovereignty issues should be sufficient incentive to<br />
find a resolution, but that can’t be taken for granted.<br />
What <strong>of</strong> <strong>the</strong> long-term competitiveness<br />
<strong>of</strong> western Canadian farmers?<br />
With lower cost production (e.g., from <strong>the</strong> former<br />
Soviet Union) steadily gaining market share in <strong>the</strong><br />
world grain trade and with continuing improvements<br />
in milling and baking technology to allow qualityconscious<br />
processors to successfully utilize lower<br />
quality wheats, western Canadian farmers will face<br />
continuing pressure on prices. In addition, <strong>the</strong> major<br />
exporting countries in <strong>the</strong> developed world, namely<br />
<strong>the</strong> U.S. and <strong>the</strong> EU, continue to support <strong>the</strong>ir farmers<br />
with massive subsidy programs and show little sign<br />
<strong>of</strong> dramatically changing that practice. The collapse<br />
<strong>of</strong> <strong>the</strong> current Doha Round <strong>of</strong> WTO talks means that<br />
no reform <strong>of</strong> agricultural subsidies is likely in <strong>the</strong> next<br />
decade. The CWB was by no means <strong>the</strong> sole agent<br />
<strong>of</strong> competitiveness for western Canadian farmers.<br />
However, with its removal a significant public policy<br />
instrument with <strong>the</strong> potential to assist in securing that<br />
competitiveness is gone.<br />
Prairie economies, farmers now have only a shadow <strong>of</strong><br />
<strong>the</strong> political clout that <strong>the</strong>y once did.<br />
In <strong>the</strong> absence <strong>of</strong> political power in <strong>the</strong>ir hands, relief,<br />
should it be needed, would presumably have to come<br />
as part <strong>of</strong> a much broader public policy discussion.<br />
Where do <strong>the</strong> opportunities most likely lie?<br />
Problems are <strong>of</strong>ten easier to spot than<br />
opportunities (particularly for lawyers). However, a<br />
few obvious areas are:<br />
• Offering <strong>the</strong> marketing, brokerage, riskmanagement<br />
and similar services that were<br />
formerly provided by <strong>the</strong> CWB;<br />
• Niche marketing in areas that <strong>the</strong> large grain<br />
companies (focused on bulk handling) are not well<br />
positioned to pursue;<br />
• Assuming <strong>the</strong> major traders are fighting amongst<br />
<strong>the</strong>mselves to fill <strong>the</strong> largest parts <strong>of</strong> <strong>the</strong> vacuum<br />
left by <strong>the</strong> CWB’s demise, that leaves room for<br />
smaller entities to pick up <strong>the</strong> smaller but still<br />
pr<strong>of</strong>itable pieces;<br />
• The development <strong>of</strong> proprietary varieties <strong>of</strong> wheat<br />
may hold promise (though that is not for <strong>the</strong> thinly<br />
capitalized or <strong>the</strong> faint <strong>of</strong> heart);<br />
• There isn’t likely room for <strong>the</strong> development<br />
<strong>of</strong> significant value-added processing on<br />
<strong>the</strong> Prairies as end-users (millers/bakers/<br />
pasta-producers) locate <strong>the</strong>ir operations<br />
near population centres in order to minimize<br />
transportation and inventory costs.<br />
Hopefully Canada would decline to enter <strong>the</strong><br />
subsidy game, but it is foreseeable that some sort <strong>of</strong><br />
intervention may have to be considered.<br />
Will western Canadian farmers have a loud<br />
enough voice in <strong>the</strong> political arena?<br />
Whatever else it may have been, <strong>the</strong> CWB was a<br />
source <strong>of</strong> significant farmer power in <strong>the</strong> western<br />
Canadian grain supply chain. It came into being over<br />
75 years ago because farmers had <strong>the</strong> political power<br />
to make it happen. With <strong>the</strong> exodus <strong>of</strong> people from<br />
<strong>the</strong> farm to <strong>the</strong> city and <strong>the</strong> diversification <strong>of</strong> <strong>the</strong><br />
James E. McLandress, B. A., LL.B, ICD.D<br />
was called to <strong>the</strong> Manitoba bar in 1989,<br />
Mr. McLandress was General Counsel<br />
to <strong>the</strong> CWB for 11 years. He is currently<br />
President <strong>of</strong> Blairgowrie Consulting, Ltd.,<br />
a newly formed company providing legal,<br />
governance and strategic advice.<br />
UNIVERSITY OF MANITOBA, FACULTY OF LAW robsonhall.ca 108