Ontario Small Flock Chicken Appeal Re-launched

The decision has been made.  I will be re-filing my appeal of CFO's small flock regulation to the Ministry of Agriculture Appeals Tribunal.

When I received the ruling from the Tribunal on my appeal, I immediately sent a copy of the ruling to the various agriculture publications and reporters.  Among others, Susan Mann of Better Farming did an interview of me, and wrote an article on the appeal and the Tribunal's decision.

Since that time, there has been a lively debate on BF's website about the issues; making it the most lively issue on BF's website.

That prompted me to make the following posting on BF today, announcing my decision:

Eighteen days have passed since BF's posted this article on May 22, 2014.  In that time interval, a total of 81 comments have been made by numerous people.

My original appeal to the Ontario Ministry of Agriculture Appeals Tribunal presented evidence on all of the wrongful acts of Chicken Farmers of Ontario ("CFO") and the chicken Supply Management system overall.  While that comprehensive appeal was rejected by the Tribunal, the Tribunal invited me to re-file my appeal on the limited grounds of the 300 bird small flock exemption Regulation.

I have monitored all the comments made here, and attempted to respond, question, or defend the principles behind the appeal I filed with the Tribunal, complaining against the alleged illegal, negligent, and mis-guided actions of Chicken Farmers of Ontario ("CFO").

After the ruling of the Tribunal was released, I asked for opinions on what should be done next (if anything).  I received nothing but encouragement to continue.  In spite of this encouragement, I do not look forward to another appeal, for I see it as sticking my head into the gaping jaws of a hungry lion.

Some comments made here were off topic, but most expressing worthy opinions on this important issue.

The debates held here have assisted me in considering and preparing the necessary arguments and reasons as to whether a renewed appeal should be made.

In my opinion, there have been no arguments presented here that have persuaded me to change or abandon my principles and logic behind the original appeal.

I thank everybody for your input, and for providing me the ability to defend, practice, and hone my skills and persuasive arguments.

In spite of my reluctance and reservations, I believe that re-filing my appeal must be done for the greater good of all.

I therefore hereby announce that I will be re-filing my appeal within the 60 days allowed by the Tribunal.  I have already started re-drafting the Notice of Appeal this weekend.  When the draft is ready, I will post it on SFPFC's Blog for review and comments before the final version is submitted to the Tribunal.

Glenn Black
Small Flock Poultry Farmers of Canada ("SFPFC")

54 Vs. 300 Vs. 2,000 Bird Exemption

Based on a posting I made at Better Farming, I was asked to justify expanding the 300 bird/yr exemption to 2,000 birds per year.  Here is my answer:

You ask for the justification of a 2,000 bird per year exemption for small flockers when the average small flocker raises just 54 birds per year with a 300 bird limit.

With 54 birds per year for the average small flocker, that is using just 18% of the 300 bird/yr exemption.  Why then do we ask for a 2,000 bird per year exemption?

A small flocker who raises 54 birds per year, assuming 2 kg. per bird and 37 kg/person/yr of chicken consumed(Canadian averages), is feeding just 2.9 people.  In other words, the typical small flocker is feeding their own on-farm family.

As I understand it, there are 3 issues that restrict small flock chicken farmers:

1. Profitability;
2. Transport to/from Abattoir; and
3. Advertising.

Profitability
CFO has repeatedly said that the 300 bird limit was set with no thought of it being sufficient to be able to raise chickens in a commercially profitable manner.  I tried raising safe, nutritious, locally grown, and affordable chicken, and know from personal experience, it can't be done under the current regulations.  That is what launched my investigations, and eventually the appeal to the Tribunal.

By setting the 300 quota limit, which is far below the break-even point, CFO guarantees a virtual monopoly for themselves within Ontario.


Transport to/from Abattoir
Not all abattoirs process chickens.  There was a huge collapse of local abattoirs in 2005 when OMAF's new Meat Regulations came into effect, and on-farm slaughter was banned.  For me, I have a 300 km journey to the nearest abattoir that will do custom processing, then have to hire a refrigerated truck to bring the meat back to my farm.  This too, is a significant price and logistical barrier designed to drive Small Flockers into extinction.  I have asked OMAF for the scientific data and risk assessment to justify these oppressive regulations, but they have none, or refuse to supply it.  It appears that CFO and its lobbyists have achieved regulatory capture of OMAF, further strengthening their death grip on Small Flockers throats, and CFO's chicken monopoly in Ontario.


Advertising
Small Flockers are banned from all advertising.  They can only rely upon secret or private communications, and word of mouth.  Most Canadians believe in and enjoy Freedom of Speech, but this is denied to Small Flockers by the millionaire monopolists of CFO.

Small Flock Poultry Farmers of Canada believe in full disclosure and truth in advertising.  On what legal basis is there a total banning of advertising by small flockers?

The CFO system has been well-designed by CFO to make small flock chicken farming an impossibility.  In spite of this, the number of Small Flockers continue to grow as we wait for the end of tyranny and oppression by the CFO minority upon the Small Flock majority.

If the exemption limit is moved from 300 to 2,000 birds per year, and the other barriers are reviewed, justified or relaxed, then the high fixed costs of small flock farming can be spread over a larger base, making it profitable and feasible.

Petition the People

Chicken Farmers of Ontario ("CFO") have been around for 48 years.  We are told that it takes 20,000 work hours to reach world-class skill and perfection.  At that rate, CFO should not be just the best Supply Management Board on Planet Earth, they should have mastered half way to Pluto by now.

However, Should and Actual are two different things.

CFO has made some changes over the years, and probably will make some other minor changes here and there if it is in their best interest to do so.

However, expecting CFO to make changes that are not in their best interest is not facing reality.

To get truly fundamental change, I believe CFO will require being forced to change.

Who has the power to force CFO to change?

Under Section 95 the Canadian Constitution the Federal Government has Canada-wide authority in agriculture, and Ontario can pass additional laws in agriculture provided it doesn't conflict with the Federal laws.  That's how we got Canada-wide Supply Management in the first place back in 1965.

The Minister of Agriculture and Food has the authority to issue a Directive to the Farm Products Marketing Commission (FPMC) who watches over all the local Supply Management Boards (milk, eggs, and chicken).

The OMAF Tribunal can be asked to clarify or intercede when someone complains about the legality of some decision, rule, by-law, or regulation.

The local Board themselves could decide, or recommend, some changes to their system.

Finally, last and least powerful of all, the quota-bearing chick producers themselves could see the writing on the wall, feel the growing unease in the public, the increase in the press and blog traffic discussing chicken quota.  The following graph shows the Google Trends for the search term "chicken quota".  No other country in the world had any interest in this unique and highly specialized topic.  All of the searches were concerned with and geographically located in Ontario.  Perhaps that is why Premier Wynne took on the OMAF portfolio, for by making some small, key changes as OMAF's Minister and the Premier, she can save Ontario and her neck as Premier; two for the price of one.

If only we could get a deal like that on chicken in the grocery store.


The initial spike in Google searches for "chicken quota" was in July 2009.   In May 2010, the issue returned and has been of steady interest ever since.  Note that I started my campaign in Jan. 2011, so I wasn't the first, but I was in there early.

While "chicken quota" is getting hotter, "milk marketing board" was white hot in 2004, and has slowly cooled to a red hot topic in comparison to chicken.  Together, they will intensify the heat by their synergy.  Which of these, alone or together, will be the fuse that lights the powder keg?

So here it is, my next contribution to the on-going discussion on CFO and the Ontario chicken quota.  A petition all set for signatures by the people of Ontario.  Print off a copy, stick it up on your office bulletin board, pop one into the local grocery store and the place where you buy your gas.

Yesterday, I took a copy of my petition into my local coffee shop to see what everybody would say.  There were about 15 people there. I asked them to sign my petition.  They all took a look at my petition.  There were some preliminary discussions, but nobody signed.  If the people of Ontario are so numb and jaded by the constant beatings they have received, they may be unable to strike while the iron is hot.

Therefore, we may have to wait a little longer than I hoped.

I'm prepared that this may be a very long struggle before we get satisfaction.  Everybody might as well take their shoes off and get comfortable.

For those who saw the light long before me, don't give up.  I'm coming.  I'm bringing help with me. You can't do it alone, and neither can I.   I need everybody's help.  If we are true to our cause, and we have the stamina to keep constant pressure on the key points, eventually we will succeed, for our cause is just.

As Dr. Martin Luther King Jr. once said, "It is better to suffer the injustice than to cause an injustice suffered by others".  So we suffer and we wait.

Documents

The following documents have been sent or received during the discussions between Small Flock Poultry Farmers and the various government officials and agencies:

1. 2012/01/06, G. Black --> OMAFRA, Email on problems with Meat Regulations
2. 2012/01/26, G. Black --> Hon. Gerry Ritz, Min. Ag. & Agri-Foods, Canada
3. 2012/02/13, G.Black --> OMAFRA, did you get email of 2012/01/06?
4. 2012/02/16, OMAFRA --> G.Black, Response to G.Black's email of 2012/01/06
5. 2012/02/20, G.Black --> OMAFRA, Response to OMAFRA letter of 2012/02/16
6. 2012/03/27, OMAFRA --> G.Black, Response to G.Black letter of 2012/02/20
7. 2012/04/18, G.Black --> OMAFRA, Response to OMAFRA letter of 2012/03/27
8. 2012/05/18, OMAFRA --> G.Black, Response to G.Black letter of 2012/04/18
9. 2012/05/22, G.Black --> OMAFRA, Response to OMAFRA letter of 2012/05/18
10. 2012/05/22, G.Black --> MICA (new local abattoir), will you please process my poultry? NO!
11. 2012/05/22, G.Black -->BurtFarms (local private abattoir), will you please process my poultry? NO!
12. 2012/05/22, G.Black -->CFO, asking for assistance to Small Flock Chicken Farmers
13. 2012/06/01, Risk Assessment Farm Gate Meat Sales
14. 2013/02/21, G.Black --> CFO, Complaint Small Flock Exemption, CFO Policies
    
    2013/03/09 Addendum: In Document 14 above (2013/02/21), at Section 9.m, I declare that I live in a food desert.  In the description of this local condition, I failed to mention a butcher shop that is about 5 km from the centre of our hamlet.  This butcher shop, Papa's Meats, sells meats, cheese,  locally caught whitefish, and a limited supply of canned goods, breads, and dairy products.  Unfortunately, they don't normally carry any fruits or vegetables (neither fresh nor frozen).  On page 2 of Document #15 below (2013/02/22), I made a similar statement about living in a food desert, and again failed to mention this same butcher shop.  My thanks to Joan at Papa's Meats for suggesting this clarification.
15. 2013/02/22, G.Black -->OMAF + Premier, Request change to Meat Regulations
16. 2013/02/25, CFO --> G.Black, Thanks for info, will consider sometime in future
17. 2013/02/25, G.Black --> CFO, Response to CFO letter 13/02/25, request immediate hearing
18. 2013/02/25, Petition for Improving Meat Regulations, Small Flock Quota Exemption Limits
19. 2013/03/01, CFO --> G.Black, Hearing request will be raised at next CFO Board meeting
20. 2013/03/07 G.Black --> CFC, Request evidence of compliance to Fed-Prov. Chicken agreement
21. 2013/03/21  CFO -->G.Black, Request for CFO Board hearing of complaint denied
22. 2013/03/25   SFPFC --> Public flyer on $10.8 Billion Fascist Chicken 
23. 2013/04/03 Chicken Full Disclosure Form for Traceability & Consumer's Benefit 
24. Mar. 26, 2013 G.Black --> FPMC to intercede on my behalf with my complaint against CFOO
25. May 23, 2013 FPMC -->G.Black refuses to intercede with CFO, refers me to OMAF Tribunal
26. June 6, 2013 G.Black--> OMAF Tribunal, asking for information on how to proceed with complaint.