Memorandum for the Honourable David Anderson

Subject: Illegal Exports of Wheat and Barley to the United States

This memorandum is to update you on the current status of the activities related to the illegal export of Canadian Wheat and Barley.

Mr. David Sawatzky, who is representing himself, appeared in Manitoba Provincial Court in Winnipeg, Manitoba on November 14, 1995 to answer to charges in relation to the illegal export of wheat and barley products.  The trial only lasted an hour before the judge postponed proceedings to provide the Crown time to review legislation and argue whether an offence known to law had occurred.  The Judge is expect to rule on this matter on the morning of November 16, 1995.

Judge Connor questioned paragraph 5 of the Reporting of Exported Goods Regulations, particularly the following wording: "the exporter of goods shall provide... any information and all certificates, licences, permits or other documents relating to the goods required to be provided under... any other Act of Parliament or regulations made pursuant thereto that prohibit, control or regulate the exportation of goods."

The Judge's interpretation of this section is that "any other Act of Parliament" must specifically include a requirement to provide its licence to Revenue Canada.  While the Canadian Wheat Board Act and regulations made pursuant thereto require an exporter of wheat or barley to possess an export license, they do not specifically require that licence be presented to Revenue Canada.  Serious concern was expressed that the Judge may rule that the offence with which Mr. Sawatzky has been charged does not exit in law.  The weakness identified by the Judge in this matter is the wording "required to be provided."

More to come