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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

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