Fasken successfully represented the Conseil québécois de la transformation de la volaille (CQTV) before the Québec Agricultural and Food Marketing Board (the “Board”).
As part of its mission, the Board act as a regulation agency to approve by-laws applicable to particular productions.
Fasken represents the CQTV in its challenge of a by-law applicable to the production of chicken that limits the quota of production per person on the basis that the by-law produces only academic effects for many large informal associations of farmers who unofficially pool their resources. As such, the by-law is in reality only affecting some members of the CQTV.
In order to make its argument, the CQTV produced an expert report based on confidential interviews, that identified dozens of those informal associations of farmers who, if considered as one entity, would hold too many quotas.
The decision rendered by the Board was about the right of the Farmers Association to obtain the raw data used by the expert to make its determination. The Board concluded that an interested party had no right to obtain raw data used in an expert report when the report was used by the Board in its capacity of regulator.
A Fasken team composed of Antoine Aylwin and Guillaume Pelegrin represented the Conseil québécois de la transformation de la volaille in connection with this case.
Jurisdiction
- Québec
