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Showing posts with label Appeal Tribunal. Show all posts
Showing posts with label Appeal Tribunal. Show all posts

Saturday, January 3, 2015

OMAFRA Minister Jeff Leal: Will he Rescue Small Flockers?

Honorable Jeff Leal,
Ontario Minister of
Agriculture, Food, & Rural
Affairs.  Will he rescue
Ontario's small flock
chicken farmers?

OMAFRA Minister Jeff Leal:  Will you Rescue Small Flockers?

If Minister Leal won't help, will you?   See below.

Small Flockers' appeal to the OMAFRA Appeals Tribunal needs to be rescued from the clanking, orthodox bureaucracy of the Appeal's Tribunal and the Chicken Supply Management system.

We have been through the mill and back trying to assert our rights and find a reasonable solution, an epic journey of 680 days (1.9 years) and counting, as follows:
  1. We filed our initial complaint with CFO on 2013/02/21.
  2. CFO refused to act
  3. Because CFO refused to act on our complaints, we asked OFPMC to intercede on our behalf.
  4. OFPMC refused to help small flockers, suggesting we file an appeal to the Tribunal.
  5. We filed an appeal with the OMAFRA Tribunal.
  6. CFO objected to our appeal, and asked that it be summarily dismissed, so we were forced to defend our appeal.
  7. The appeal wasn't dismissed, but the Tribunal decided we must narrow our scope and re-file our appeal.
  8. A revised appeal was submitted to the Tribunal.  This revised appeal was designed to fully comply with the Tribunal's previous decision, 
  9. CFO again objected to the re-stated appeal, again calling it trivial, frivolous, vexatious, and made in bad faith.
  10. We were again required to defend our appeal against being summarily dismissed.  This initial response wasn't enough to stop the CFO avalanche against us.
  11. The Tribunal notified us that they would dismiss our appeal unless we could provide just cause to allow it to continue.
  12. We re-doubled our efforts and responded why it would be unjust to dismiss our appeal
  13. Our appeal was dismissed by the Tribunal.
  14. We believe the Tribunal erred when it ignored all the case law that defended our position, so we asked that the Tribunal's decision be re-considered.
  15. During the review of the Tribunal's decision, they found that two out of three grounds for dismissing our appeal (frivolous and vexatious) were decided in error, so they were reversed and overturned by the Tribunal Review, but the third reason (bad faith) was allowed to stand.
  16. The Minister of Agriculture has the right and duty to intercede on all decisions by the Tribunal on behalf of the government and public policy issues.  Today, just 680 days (1.9 years) after our start, we now file a letter requesting OMAFRA's Minister Jeff Leal to review the Tribunal's decision, and intercede on our behalf, asking the Minister to order the Tribunal to hear our appeal on the Small Flock Regulation ON-Reg. 2484-2014
All we want is to recover the civil rights of Ontario's small flock chicken farmers.  We also hope that the appeal will help get more safe, affordable, nutritious, and locally grown chicken for all regions of Ontario.

Our appeal has been fought against and resisted every step of the way by Chicken Farmers of Ontario ("CFO").  Currently, CFO has a virtual monopoly for Ontario chicken, and uses their government granted regulatory powers to protect their monopoly and maximize their special interest profits.

Ontario consumers pay higher chicken prices (ie. 50% to 300% higher than the rest of the world), and have restricted choices in the types and varieties of chicken available in Ontario stores.

To me, the regulatory powers granted by the government to CFO should be used for the greater good of all Ontario citizens.  CFO doesn't see it that way.  CFO believes the governmental powers granted them are to help them move from multi-millionaire, to become billionaires.

Our letter to Minister Leal, requesting his review and intervention under Section 18 of the Ontario Ministry of Agriculture, Food, and Rural Affair Act can be viewed here:

 SFPFC's Letter Requesting Minister Leal's Review and Intervention.

I have tried my best for almost two (2) years to advocate for the civil rights of small flock farmers.

Today, I need your help, or all of that effort will soon be lost.

I realize you are busy, just like me and everybody else.  I also realize that if you leave this page before taking the necessary actions right now, you are likely to get busy again, then forget to do it later, or will never find the time.

Therefore, help us right now.

I believe it's worth 2 minutes of your time, no matter how busy you are.

There are thousands of others who have no access to a computer, or will never find this posting and its request, but those thousands of Ontario citizens desperately need your help through the hope that this appeal can result in more locally grown, affordable chicken.

You can help rescue Ontario's small flockers by contacting Minister Leal, encouraging him to help Ontario and its small flockers, saying something similar to the following:

Dear Minister Leal:
I respectfully request that you review and intervene on the Tribunal's decision about the small flock quota exemption appeal (Black Vs. CFO), so as to require the OMAFRA Appeals Tribunal to hear this appeal in full on the issue of the Small Flock Exemption Regulation, ON-Reg. 2484-2014

Minister Leal's Contact Information

Phone: 416-326-3074

Fax: 416-326-3083

Email:  minister.omafra@ontario.ca

On-line Comments Form:   http://www.omafra.gov.on.ca/english/about/comment.html

Monday, July 21, 2014

Petition Partners

The appeal paperwork has been filed just before the deadline.  Next, we need Petition Partners to help our cause.

I have drafted up a petition to be delivered to the Ontario Ministry of Agriculture Appeals Tribunal, encouraging them to study the available evidence concerning the Small Flock Regulation of Chicken Farmers of Ontario ("CFO"), then have the courage to do what is in the best interest of Ontario.

Petition for Small Flockers Appeal, Rev. 1   
WE the undersigned petition the Tribunal as follows:

Carefully consider all applicable evidence, then improve CFO’s Small Flock Regulation so that:

1) CFO must first serve the greater good of the public, before serving the special interest goals of CFO and its members;

2) Small Flocker’s rights and freedoms are protected;

3) Adequate quota exemption is provided to small flock chicken farmers so they can be a viable alternative to the quota-based mega chicken factory system operated under CFO.

Also, the Tribunal is petitioned to recommend other improvements to Ontario’s Chicken Supply Management System.


That won't be easy for the Tribunal Panel to do.

They need encouragement to make a stand for the greater good, rather than the self-serving prior behaviours of Chicken Farmers of Ontario ("CFO") and the Chicken Mafia.

They need to be reminded that these issues are important to most people in Ontario, not just a lone nut with a Blog.

I had the bravery and empathy to start this issue off.  If I remain a "lone nut", then this issue will die with me, no matter how dedicated I may be.

Followers have an even more important role.  A follower changes a "lone nut" into a "Leader".  Here is a short 3 minute video that explains the concept of Leaders and Followers.

Dare to follow.

What I need are Followers, many Followers, who will download this Petition, print it off, sign it themselves, for it is extremely difficult for the first person to sign a blank Petition, then take it with them everywhere they go.  Explainto your family, friends, neighbours why you decided to be a Follower, and encourage them to follow too.

When you have a full Petition, mail it, scan and email it, or Fax it to me.  I will include it in the package that I send to the Tribunal.  Ten thousand signatures would be nice.  If every Follower did one Petition each, with 39 signatures per Petition, we need 256 Followers.

Will you be one of my Followers?  I need your help.