PROVIDENCE BAY—An Appeals Tribunal of the Ministry of Agriculture has rejected just about all of the issues raised in an appeal by local chicken farmer Glenn Black, representing the Small Flock Poultry Farmers of Canada (SFPFC), except one on what he considers critical issues in the chicken supply management system for Ontario, leaving him with a huge decision to make as to whether he should pursue the issue further.
“I guess they are not into name calling,” said Mr. Black, who pointed out that the tribunal, in its decision, mentioned its concerns with his calling the situation ‘a chicken apartheid.’ “I do have a big decision to make. For me personally, all the issues I raised at the hearing were swept away except for one. But the biggest question I have is whether the Chicken Farmers of Ontario (CFO) has been given power unto themselves by the government to do as they please, to feather their nest. Having that one question answered would see everything else that I have in terms of concerns fall into place.”
“My wife Judy and I have put everything else on hold for more than a year in making this appeal,” said Mr. Black. “We have been spending this time in support of the greater good of Ontario, not only small chicken farmers but consumers, but it comes with a high price to pay. If we pursue this, the CFO could drag this out to test our resolve and continue to appeal anything I bring forward, which can become a gamesmanship battle. And they have the budget for it.”
“There is a significant possibility they would have to answer my questions concerning the 300-bird limit, but there is no guarantee this would take place and be ruled on,” continued Mr. Black.
In an email to all members of SFPFC, Mr. Black writes in part, “as a member, supporter, or follower of Small Flocker Poultry Farmers of Canada, you need to know that we are at an important decision point for Small Flockers, and I seek your advice.”
“Attached, you will find the Tribunal’s decision on my appeal, where I was acting as proxy for all other small flockers in Ontario, and the rest of Canada,” wrote Mr. Black. “The Appeals Tribunal has rejected all of our issues raised, except for one: the 300 birds a year grow limit imposed on Small Flockers by CFO and our request to have the limit raised to 2,000 birds per year, in line with most other provinces.”
“The tribunal has invited me to file an amended notice of appeal on this one issue. I need to decide if I should give up now or file the abridged appeal,” wrote Mr. Black. “In my mind, the number one issue was, and remains, whether CFO is a power unto themselves. CFO seems to feel they can do as they please with the government powers delegated and vested in them, to feather their own nest at the expense of everybody else in Ontario. If we solve this one issue about CFO’s role, most or all other issues in chicken supply management will automatically (more or less) solve themselves. This is why safe, affordable food for all Ontario families is the second most important issue that we hoped to address in this appeal.”
Mr. Black continued, “Today, Health Canada reports that 7.6 percent of Canadian families can’t afford the food they need to feed themselves. In our have-not province of Ontario, food insecurity is 11 percent worse than the Canadian average. Will this be an election issue? Is there any hope of solving or improving this issue if we abandon our appeal at this point in time?”
“If I file the amended appeal, the tribunal may have to rule on that central core issue (i.e. does CFO have a duty to do what is in the best interest of the public?), but the Tribunal could also refuse again to address that important issue, deciding the 300 versus 2,000 bird limit question based on other facts. I believe we can show on the balance of probabilities that strengthening and expanding small flockers would be in the public’s best interest, and would be more fair to small flockers. CFO has again stated that the 300 bird limit was not set, and has no need to be set at a level that is commercially viable (for instance it is not necessary that a small flocker has a reasonable expectation of making a profit).”
“We do have 60 days to decide if we will appeal the tribunal decision,” said Mr. Black. “I have all my contacts out there, and will be collecting the wisdom of the masses probably this week and make a decision to go forward or wait for someone else to pick up the ball and go with it.”
