In a recent decision, the British Columbia Court of Appeal restored a decision of the British Columbia Farm Industry Review Board. The case involved a Vancouver Island chicken farmer who had asked for permission to sell his chickens to processors on the mainland, and was refused by the Chicken Marketing Board and, on appeal, by the Farm Industry Review Board. The Supreme Court of British Columbia allowed his application for judicial review, holding that the Farm Industry Review Board had treated him unfairly. The Chicken Marketing Board then appealed to the Court of Appeal.
In a unanimous decision, the Court of Appeal held that the Farm Industry Review Board’s decision was both fair and reasonable. It recognized the unique role that the Farm Industry Review Board plays in supervising British Columbia’s supply management system for natural products. The Board must ensure its decisions reflect “sound marketing policy” for all market participants, and individual appeals are decided within the context of the overall industry. While the law requires that administrative decisions be procedurally fair, what fairness looks like will depend on the role of the tribunal and the decisions it is empowered to make.
Robin J. Gage and John Trueman of Arvay Finlay LLP represented the Farm Industry Review Board before the Court of Appeal. Arvay Finlay LLP has extensive expertise in administrative law matters at all levels of court, and advises administrative tribunals as well as parties that appear before them.