Panel data provided by Madison's Canadian Lumber Reporter.

Reasons Released on Cattle Call

By Elaine Macdonald

Canadian cattle are crossing the border, and the reasons for  reopening the Canadian -U.S. border to  live cattle shipments have been released. 

The details of the decision by the 9th Circuit Court of Appeals panel, have been made public just two days before a Montana Court was to hear arguments aimed at a permanent ban of live Canadian Cattle shipments.

The 9th U.S. Circuit Court of Appeals ruled the initial injunction which closed the border to Canadian cattle, was deeply flawed.

In the just released written copy of their decision, the judges said the original injunction by Montana Judge Richard Cebull was fundamentally flawed and based on legal error.

The US Department of Agriculture, had planned to reopen the border to our cattle  March 7th, but the temporary injunction was granted on March 2nd.

The ranchers group (R-CALF), applied for the injunction saying Canadian cattle were rife with mad cow disease and posed a threat to the health of Americans and to American cattle herds. The Apeal Court Judges suggest Cebull had been swayed by R-CALF without properly considering the judgment and expertise of the USDA. 

When Cebull issued the temporary injunction,he agreed to hear  both sides of the issue on an application for a perment injunction on the 27th of July.  
Prince George Tory M.P.D ick Harris was one of several members of the Opposition granted permission to address the court.  Cebull since announced he was delaying the hearing until he had a chance to read the full Appeals court decision. 

M.P. Harris says he doubts Cebull will want to hold a hearing ever as "No Judge wants to have their decision overturned,and certainly Judge Cebull has to know his decision will be challenged again and will likely be overturned again."

The 56-page decision notes the incidence of the mad cow disease in Canada is low and appears to be declining. The three Judge panel also notes there there is broad support from U.S. meatpackers and others for resuming full trade with Canada.


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