P.E.I. potato farmers take federal government to court as export ban on seed potatoes continues
Potato farmers on Prince Edward Island are taking the federal government to court due to the decision to restrict the movement of P.E.I. seed potatoes.
In 2021, a ministerial order stopped the transport of the Island's best-known export, table and seed potatoes, to the United States after potato wart was found in a few Island fields.
The shipments of table potatoes resumed in April 2022 after the U.S. Department of Agriculture gave Island farms the all-clear.
However, seed potatoes, which account for about 10 per cent of the Island's annual potato output, are still banned from the United States pending the outcome of a more thorough U.S. Department of Agriculture review. There are also restrictions on their sale to other Canadian provinces.
The fungal parasite -- a disease that disfigures potatoes but poses no threat to human health -- spreads through the movement of infected potatoes, soil and farm equipment.
The application by the P.E.I. Potato Board is calling on the federal court to strike down decisions made by the Canadian Food Inspection Agency (CFIA) and the federal minister of agriculture, who ordered the ban in 2021.
Lawyers for P.E.I. potato farmers argued the decisions were beyond the scope of CFIA, did not follow fair process, and was not reasonable given the degree of potato wart found in P.E.I. fields.
They also say the CFIA has damaged the reputation of P.E.I. potatoes by calling the Island "infested" with potato wart.
“Would you want to buy potatoes from an infested place? Probably not. So, the longer that black cloud is hanging over P.E.I., the more damaging it is," said Mark Ledwell, one of the P.E.I. Potato Board’s lawyers.
According to the farmers’ lawyers, only 0.4 per cent of potato fields on the island have confirmed potato wart in the last 20 years since it was first discovered.
Lawyers for CFIA say the word "infected" in this context is a technical description under CFIA and trade regulations.
They also argued it is the mandate of the food agency to protect Canadian agriculture, adding that the United States officials were threatening a blanket ban on Canadian potato imports. They say this created the urgency required to issue the decisions.
According to government lawyers, the U.S. didn’t want P.E.I. potatoes, meaning it was no longer meaningful to continue to issue export certificates.
To date, CFIA has taken 45,000 soil samples from the Island as part of an ongoing investigation.
So far, 35,000 have been tested, with three coming back positive for the disease.
The judge reserved his decision on the matter Thursday, but promised a quick decision in light of the quickly approaching planting season.
With files from The Canadian Press.
CTVNews.ca Top Stories
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
BUDGET 2024 Feds cutting 5,000 public service jobs, looking to turn underused buildings into housing
Five thousand public service jobs will be cut over the next four years, while underused federal office buildings, Canada Post properties and the National Defence Medical Centre in Ottawa could be turned into new housing units, as the federal government looks to find billions of dollars in savings and boost the country's housing portfolio.
Some of the winners and losers in the 2024 federal budget
With a variety of fiscal and policy measures announced in the federal budget, winners include small businesses and fintech companies while losers include the tobacco industry and Canadian pension funds.
From housing initiatives to a disability benefit, how the federal budget impacts you
From plans to boost new housing stock, encourage small businesses, and increase taxes on Canada’s top-earners, CTVNews.ca has sifted through the 416-page budget to find out what will make the biggest difference to your pocketbook.
Toronto police arrest several people at rail line protest
Several people have been arrested at a pro-Palestinian demonstration in the city’s west end that blocked rail lines for hours Tuesday.
500 Newfoundlanders wound up on the same cruise and it turned into a rocking kitchen party
A Celebrity Apex cruise to the Caribbean this month turned into a rocking Newfoundland kitchen party when hundreds of people from Canada's easternmost province happened to be booked on the same ship.
Teen hockey players arrested for sexual assault following hazing incident: Manitoba RCMP
Three teenagers were arrested in connection with a pair of alleged hazing incidents on a Manitoba hockey team, police say.
B.C. killer seeks to attend sentencing by video as lawyer cites safety concerns
A defence lawyer for Ibrahim Ali, who was convicted of first-degree murder of a 13-year-old girl in Burnaby, B.C., says the man wants to appear at his sentencing hearing by video over fear for his safety.
Lululemon unveils first summer kit for Canada's Olympic and Paralympic teams
Lululemon showed off its collection for the Summer Olympics and Paralympics on Tuesday at the Liberty Grand entertainment complex. Athletes sported a variety of selections during a fashion show that featured garments to be worn on the podium, during opening and closing ceremonies, media interviews and daily life on the ground in France.