Sunday, December 22, 2013

Enough is Enough! The Supreme Court has Ruled.

Is the Supreme Court of Canada on the side of Small Flockers, and against the Supply Management monopoly system?

In the recent Supreme Court decision the judgement referred to a hypothetical example of bad law.  Suppose that riding your bike is a legal activity, but for some strange reason the government passes a law  for the purpose of protecting you, which prohibits you from wearing a bicycle helmet.

The Supreme Court states that under Section 7 of the Charter of Rights and Freedoms, this bicycle helmet law would be unconstitutional, as it could be easily shown that it puts bicycle riders at greater risk, cannot be supported or justified on an objective, scientific evidence basis, and is therefore arbitrary, and therefore violates fundamental justice.
Canadian Charter of Rights & Freedoms, Section 7
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

In Canada (Attorney General) v. Bedford, 2013 SCC 72, the Supreme Court has said that "fundamental justice" means:
"This case concerns [fundamental justice,] the basic values against arbitrariness (where there is no connection between the effect and the object of the law), overbreadth (where the law goes too far and interferes with some conduct that bears no connection to its objective), and gross disproportionality (where the effect of the law is grossly disproportionate to the state’s objective)." 
Makes sense to me.

Now look at the Small Flockers vs. #ChickenMafia case for the Ontario Meat Regulations.

CFIA, University of Guelph, and OMAF have consistently found that 30% to 80% of Canadian chicken is contaminated with lethal bacteria (eg. E. Coli, Salmonella, Campylobacter, Listeria, and/or other human pathogen)Contaminated Chicken and here.
, including superbugs ( for example, see Blog Posting

The Provincial and Federal government have passed regulations that restrict the slaughter of meat to only occur at their approved abattoirs.  These "approved" abattoirs usually entails long distance shipping of the poultry, causing and spreading contamination from some birds to all birds.  Next, mechanized high speed, high volume slaughter systems spread that contamination everywhere, up and down the production line.  Even when done exactly according to the approved procedure, this will usually result in multiple birds being significantly contaminated. This contaminated meat puts consumers at significant risk, up to and including death.

Secondly, the nutritional content of a chicken factory bird is worse than small flock birds that are pasture or free-range raised.

Thirdly, many of the Supply Management chicken factories use a witches' brew of drugs and chemicals to maximize their the #ChickenMafia's profits, regardless of the downstream impact on those who unknowingly buy or consume the resulting meat.

Alternatively, on-farm slaughter done one bird at a time in a correct manner, prevents or mitigates the potential contamination of the meat.  Unfortunately, this is prohibited by Ontario law, by a penalty on first offense of 2 years in jail and a $25,000 fine.

I take offense to the government prohibiting the safer route, subjecting me and all others to significant risks.

If a law significantly impacts somebody's life, liberty, or security, and this law violates fundamental justice, then the Supreme Court of Canada says this is bad law, and cannot be justified in the free and democratic country of Canada.

I have repeatedly asked the Ontario government to share with me the objective evidence upon which they based these oppressive meat regulations.  They have stonewalled and refused to do so.

I asked the government where is there risk assessment and sound science upon which these regulations are based.  They have none.

Justice Haines in his 2004 Meat Report strongly recommended that the government base all meat regulations upon sound science.  The Liberal Government has ignored this comprehensive report on two separate occasions when they passed their Meat Regulations, and instead, they passed whimsical and arbitrary regulations that oppress small flockers and put all citizens at risk.

I previously Blogged (see Meat Regulations Gone Wild) about the over-reaching Regulations they passed in 2005, which they finally admitted in 2013 had gone way overboard, almost destroying half of the meat industry in Ontario.  While they admitted their mistake 6 years late, they then compounded their error by refusing to correct all their prior Meat Regulation mistakes when they re-did the regs in 2013 (see Blog posting Ignored by new Meat Regulations).

Why did the Ontario government ignore Justice Haines in 2005, and ignore Small Flockers plea for relief in 2012 and 2013?  Because they wanted to protect and serve their financial supporters, the millionaire #ChickenMafia and their friends.  Chicken Apartheid is alive and flourishing in Canada, where the 1,114 millionaire chicken factory owners oppress the 13.5 million people of Ontario, and persecute the 13,500 Smal Flockers in Ontario.

Enough is enough!

Cold Winter Wynne makes the Dec. 13, 2013
cover of Toronto Sun newspaper
Thanks to the Christmas gift from the Supreme Court of Canada, now is the time to end this #ChickenMafia insanity.

I will put the question to Premier and Agriculture Minister Wynne (a.k.a. Cold Winter Wynne), and if the government confirms their plans in writing to promptly adjust the Meat Regulations in response to Small Flockers plea for relief, whether in light of the recent Supreme Court ruling, or otherwise, then we will accept this and patiently wait.

If we get no answer, or we get foggy generalities with few commitments, then it appears it is time to go to Court to have the offending sections of the Meat Regulation declared ultra vires and/or unconstitutional.

If there are any lawyers out there (jailhouse or otherwise) who can assist with this plan, or advise a better strategy, or explain why this Supreme Court ruling doesn't in fact support the Small Flockers case, we would appreciate hearing from you.

Alternatively, it seems all three political parties in Ontario are spoiling for an election.  Perhaps we should wait for the calling of the election, then make sure these issues become the pivot point for the election.  After all, 8.2% of Ontario families can't afford the food they need to feed their families.  For 99.9% of Ontario citizens, they have to pay the chicken prices ranging between $4.98/kg to as high as $29.975/kg for chicken in Ontario grocery stores, 2 to 3 times the international price for chicken.

I'm no poly sci expert, but it seems that everybody will be reminded of these issues each week during the writ period as they do their weekly grocery shopping.  As bad as the Ornge, Gas Plants, Heinz, Kellogg's, wind turbines, Ontario North, and all other Liberal scandals are, all of these scandals are in the past, not likely to repeat, and none resonate with voters like the double & triple prices they pay for chicken every week at the grocery store, and will continue to be forced to pay until it becomes an issue that will win or lose elections.

An Oct. 2013 Nanos Research poll found that the Liberals had 36% support, PC's had 31%, and NDP had 26%; in other words, neck and neck (7% no preference).  All the NDP needs is an issue that steals 10% of the support away from the other two parties, and they would have 32.7% support; beating the other two parties.  For the PC's, they only have to win an additional 6% support from the other parties, and they would lead with 34.7% support.

A majority government will take a little bit more shifting, but I'm sure you, and all three political parties get the point.  Wynne's government is vulnerable.  Now is the chance for the other parties to shift policy and join the winning side.  Being first to switch will have its rewards.

Everybody seems to agree that Wynne is a smart and savvy lady.  If she shifts alliances soon, it just might cause a Christmas spirit of forgiveness in the hearts of all Ontarians when they gain hope of cheaper chicken and more jobs throughout Ontario in their near future.

Alternatively, perhaps Wynne is banking on continued poor nutrition for the populace, causing early onset of Alzheimer's among voters, so that all the past scandals of the Liberal government are prematurely forgotten.

In that same poll, Ontarians said healthcare was the #1 issue, identified by 22% of the citizens polled.  I suggest that healthcare is the top issue right now, only because they don't know how badly they are being screwed over for chicken, eggs, turkey, and dairy prices.  Small Flockers plan to change that.

Secondly, affordable nutritious food is a healthcare issue as I pointed out previously (see Blog posting Health Consequences of Food Monopolies).  Few people see a doctor every day, but everybody eats each day (or should).  That daily reminder may help bring these issues to the forefront soon enough.

Let the people understand, then they can vote for relief.

Now is the time for Small Flockers to prepare for the dropping of the Ontario writ (more on this soon).  Once the writ is dropped, we will need to hit all political parties, all town hall meetings, all political rallies, and all media outlets with an unending barrage of information and questions on these issues.

Therefore, if your are on the side of the Ontario citizens and Small Flockers:   Prepare!

If you are against Small Flockers and all citizens, and side with the #ChickenMafia:   Beware!

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