P.E.I. Potato Board loses court battle over seed potato export ban
Federal Court says ban on seed exports was justified
The P.E.I. Potato Board is claiming partial victory, after losing its court battle to lift the export ban on seed potatoes.
The potato board argued in a hearing last month that the Canadian Food Inspection Agency overstepped its authority when it issued the ban, placed in response to the outbreak of potato wart two years ago.
The Federal Court of Canada has now issued a written decision, denying the potato board's request for a judicial review.
But the 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 Friday.
"The board will review the decision with its legal team and decide on next steps."
Order reasonable, judge says
The federal court ruled CFIA has a high degree of discretion in controlling farm pests, and was justified in its actions.
"I have determined the Ministerial Order to be reasonable," wrote Justice Richard F. Southcott in his 62-page decision, issued Thursday in Ottawa.
"The decisions [were] made on an urgent basis in response to a rapidly changing circumstances, lessening the degree of procedural fairness required."
In the fall of 2021, a ministerial order stopped the transport of seed and fresh potatoes, after potato wart was found in some Island fields.
The border reopened to P.E.I. fresh potatoes on April 1, 2022. But seed potatoes are still prohibited from leaving the Island.
Lawyers for the P.E.I. Potato Board have said the federal government's order was overreaching and caused catastrophic damage to the Island's seed potato industry.
The CFIA said in a release it welcomed the court's ruling, adding that the decisions that would've been under judicial review were either "moot or reasonable."
"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," the release said.
"The CFIA will continue to be guided by solid data, science, international standards, legislative authorities and best practices."
The Federal Court of Canada hearing was held March 23 in Charlottetown.
In addition to CFIA, the federal Minister of Agriculture and Agri-Food was also named as a respondent.
In striking down the board's request for a judicial review, the judge ordered the parties to bear their own legal costs.