The Federal Court has dismissed the application for a Judicial Review filed by the Prince Edward Island Potato Board, an April 14 news release said. The Court stated the reasoning behind its ruling was that the decisions under review were either moot or reasonable.
On June 24, 2022 the P.E.I. Potato Potato Board filed an Application for a Judicial Review in the Federal Court against the Canadian Food Inspection Agency (CFIA) and the Federal Minister of Agriculture and Agri-food. The Application asked the Court to set aside a number of ongoing government decisions that, since November of 2021, had prohibited the movement of P.E.I. seed potatoes to other Canadian markets and to the United States, including a Ministerial Order. On March 23, 2023 the Judicial Review was heard by the Federal Court in Charlottetown, P.E.I.
In a news release the federal government said it accepted the decision rendered by the Federal Court.
“The Government of Canada is committed to maintaining confidence in Canada’s plant health system, both domestically and abroad. Effective management of potato wart requires a concerted effort by everyone involved. As the regulator, it is the role of the CFIA to help contain, control and prevent the spread of potato wart. The CFIA will continue to work with growers, industry, provinces and trading partners to manage this disease while supporting industry activities,” the release said.
In a written statement to CBC the P.E.I. Potato Potato Board said it did have some successes in court.
“The court did confirm the industry’s position that the CFIA has no authority to order suspensions and issue directives regarding such suspensions to Island potato growers and plant health inspectors,” it said in a written statement to CBC, adding that it would review the decision with its legal team to decide on next steps.
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