FEDERAL COURT. and AFFIDAVIT OF MAUDE BARLOW SWORN OCTOBER 31, 2011

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1 Court File No. T-I FEDERAL COURT BETWEEN: FRIENDS OF THE CANADIAN WHEAT BOARD, HAROLD BELL, DANIEL GAUTHIER, KEN ESHPETER, TERRY BOEHM, LYLE SIMONSON, LYNN JACOBSON, ROBERT HORNE, WILF HARDER, LAURENCE NICHOLSON, LARRY BOHDANOVICH, KEITH RYAN, ANDY BAKER, NORBERT VAN DEYNZE, WILLIAM ACHESON, LUC LABOSSIERE, WILLIAM NICHOLSON and RENE SAQUET and Applicants ATTORNEY GENERAL OF CANADA, THE MINISTER OF AGRICULTURE AND AGRIFOOD IN HIS CAPACITY AS MINISTER RESPONSIBLE FOR THE CANADIAN WHEAT BOARD AND THE CANADIAN WHEAT BOARD Respondents AFFIDAVIT OF MAUDE BARLOW SWORN OCTOBER 31, 2011 I, Maude Barlow, of the City of Ottawa, in the Province of Ontario, MAKE OATH AND SAY AS FOLLOWS: 1. I am the National Chairperson of the Council of Canadians (herinafter "the Council" and as such have knowledge of the following matters. 2. The Council was established in 1985 as a citizens' watchdog group. It was incorporated as a federal not-for-profit organization on August 11, The Council of Canadians is one of Canada's largest public interest organizations with more than 60,000 members and 70 community-based chapters across the nation. The Council works to protect the interests of Canadians and the environment by promoting progressive policies on fair

2 - 2 - trade, clean water, energy and food security, and other issues of important social and economic concern. The Council of Canadians Expertise in Food Sovereignty and Trade Issues 3. For over 25 years, the Council has worked to oppose free trade regimes designed to increase the power of corporations at the expense of social, environmental and economically sustainable development including Canada's agricultural and food systems. For example, during the most recent federal election, the Council proposed a list of 20 questions for candidates to answer, including in regard to the negotiation of a Canada-EU trade agreement (CET A. The Council asked, for example: "Will your party ensure that Canada's agricultural orderly marketing systems, including supply management and the Canadian Wheat Board, are not adversely affected by CET A?" 4. The Council has also been at the forefront of both national and international campaigns to stop the trend towards de-regulation and privatization where it jeopardizes these objectives. The Council has also been central to efforts to promote transparency and informed public discussion about matters that can have a significant impact on Canadian policy, law and programs. The Council of Canadians' Expertise in Food Safety 5. The Council has worked for many years to oppose genetic engineering and stop the growth of factory farming in Canada. In 2006, the Council, amongst other organizations, lobbied against the use of certain genetic modification technology for plants and seeds in the Canadian food system. In recognition of this interest we sought and were accorded standing in Monsanto Canada Inc. v. Schmeiser, [2004] 1 S.C.R. 902, a case involving

3 - 3 - the nature and extent of patent rights to genetically modified seeds, in light of the traditional rights farmers have always enjoyed to harvest and save their own seeds. 6. Given the Council's interest in both food sovereignty and food safety, it has been particularly concerned with the effects that Bill C-18 will have on the stability of Canada's grain system as a whole. 7. In addition to Monsanto Canada Inc. v. Schmeiser, the Council of Canadians has intervened in the following matters: Haydon v. Canada (TD., [2001] 2 F.C. 82 Canadian Egg Marketing Agency v. Richardson, [1998] 3 S.C.R. 157 The Council of Canadians Interest in These Proceedings 8. The Council believes that the introduction of Bill C-18 (An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts raises issues of broad public interest that are a concern to all Canadians, not just wheat and barley farmers. We believe that the perspective and expertise of the Council in regard to these issues will be of assistance to the Court. 9. The Canadian Wheat Board is an important element of a broader system that seeks to regulate the market for agricultural products and commodities in the public interest. The system ensures that the interests of Canadian producers take precedence over those of large corporations that dominate both domestic and international markets for agricultural goods. In addition to providing a fair, equitable, reliable and cost-effective service to

4 - 4 - farmers, the Canadian Wheat Board plays an important role in insuring Canadian food security and sovereignty. 10. The Council of Canadians believes that abolishing the single desk will fundamentally undermine the effectiveness of the Canadian Wheat Board's role, and remove an important bulwark of Canadian food security by putting at greater risk the economic viability of Canadian wheat and barley producers. Moreover, if Bill C-18 is enacted, and proves to have the negative effects that we foresee, it would be virtually impossible to reestablish given the constraints imposed by Canada's international trade obligations. While the mandate and role of the Canadian Wheat Board has been successfully defended against a challenge by the United States at the World Trade Organization, the United States continues to press Canada to weaken or abandon the Board's mandate. Should Canada do so, under international trade rules such a '"liberalization" would become locked in and Canada would be subject to sanctions if it ever attempted to reverse the measure. 11. In addition, foreign investment in Canadian grain marketing and distribution services is subject to the investment and services provisions of the North American Free Trade Agreement (NAFTA. These rules oblige Canada to pay compensation DJr any diminishment of foreign investor rights as defined under NAFT A. This is an obligation that goes well beyond any found in Canadian law. 12. If Bill C-18 proceeds, it is likely that foreign investment and services will displace those now provided by the Canadian Wheat Board. This will in tum increase the already significant domination of Canada's agricultural economy by large, foreign-owned

5 - 5 - corporations operating with a global focus. These global corporations act to maximize the economic returns of their international shareholders - an aim that often conflicts with the needs of Canadian producers and consumers. If at some future date, this or another Canadian government wishes to re-establish the mandate of the Canadian Wheat Board, it would then be obliged to pay compensation at a rate of full market value for any foreign investment that would be adversely affected by the change in mandate. These costs may easily be prohibitive and would in fact, if not in law, remove the possibility that any future Canadian government could undo the effects of Bill C The Council is concerned that weakening the mandate of the Canadian Wheat Board would also undermine the role it plays in protecting food quality and safety, a matter of broad public concern. For example, the Canadian Wheat Board has played an important role in assessing the consequences of producing and marketing a genetically modified variety of wheat which included surveying consumer attitudes and acceptance. In our opinion, the ability of the Canadian Wheat Board to perform this important public function would be fundamentally undermined if Bill C-18 is enacted. 14. Additionally, the Application before this Court raises important issues of democratic process that are of a vital interest to all Canadians. The Council is concerned that the government's efforts to dismantle the Canadian Wheat Board have circumvented the statutorily guaranteed rights of farmers to control their markets. Whether the government was required to respect the democratic safeguards enshrined in s is an issue of concern for Canadian workers and consumers in all industries.

6 F or these reasons, I believe that the Council of Canadians would be of assistance to this Court if it is permitted to intervene in this proceeding. There are multiple interests at stake in this litigation, and the Council seeks to represent those of the broader Canadian public when it comes to issues of economic sovereignty and food safety and securi1y. 16. I make this affidavit in support of an application by the Council of Canadians for leave to intervene in these proceedings, and for no other reason. SWORN before me at the City of Ottawa, in the Province of Ontario, this 31 th day of October, ~ KRISTEN ANNE AlLEN. a Commissioner. etc. Province of 0rdarI0. while a Student-at Law. expires August ! /7~~/~ Maude Barlow