Conference 2022 Panel Recap - "Emerging Voices in Food Law and Policy and the Gowling WLG - Joel Taller Prize”

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Since 2017, the CAFLP has presented the Gowling WLG – Joel Taller prize to a student paper presentation on a food law and policy topic.  This year, three contestants presented their research to the conference: Anna Giddy of the Schulich School of Law, Dalhousie University, Chloe Rourke of McGill University and Rui Zhang of the University of Ottawa. 

Anna Giddy’s presentation entitled ‘Concentration, Competition and Canada’s Agri-Food Conundrum’ focused on the present state of competition law, how it relates to agri-food and how this area of law should change in the future.  Anna provided valuable insight into how the Competition Bureau assess the competitiveness of an industry along with the limited effectiveness of the Bureau’s favourited one-time asset divestment orders.

Anna offered her own thoughts on how competition law could be improved.  She noted that while the Competition Bureau currently focuses exclusively on the economic factor of consumer welfare when assessing an industry, the Bureau should conduct a more holistic analysis.  This could include factoring in possible environmental impacts, workplace standards, and incentives for innovation that could be improved or diminished based on market concentration.  She further argued that there should be a greater focus of the distinctive aspects of each sector, such as agri-food, so competition law can be more tailored to the needs of modern producers and consumers.

Chloe Rourke’s presentation, ‘Reigning in Canada’s Food Retailers: Is Competition Law the Solution?’ was similarly focused on the competition and market concentration in the Canadian food system.  Chloe however, focused more closely on the issue of decreased market concentration in the grocery industry. 

Chloe directed the conference’s attention to recent price-fixing scandals, including examples of bread and beef sales.  She noted that the concentration of grocers also had adverse effects on primary producers and workers who already operate on thin margins and are unable respond to the power wielded by grocery conglomerates.  Chloe stated that the goals of competition law could be better achieved through more proactive means of enforcement rather than the present reliance on consumer-driven civil actions.

Rui Zhang’s presentation named ‘Canada’s Food Packaging Legislation and Policy’ provided a review and critique of the contemporary rules surrounding plastic food packages.  Rui’s interesting review of the present regulation, or lack thereof, showed how Canada is largely a laggard when compared to the United States and European Union.

Rui’s topical research required some distillation for the audience to be able to understand relevant technology and products involved in plastic food packaging.  Rui noted that while these innovations can have benefits to the production and preservation of food, plastic food packaging is a significant contributor to pollution such as the Pacific garbage patch.  Rui suggested that stronger and more strict regulation of plastic food packaging will give processors and retailers more clear direction on how to market their products while ensuring they follow the rules.

Each of the presenters also answered questions posed by the judges and by the audience.  The presenters had an impressive command of their topics and answered the questions with ease.  The future of food law and policy is bright with these passionate students who were unafraid to initiate the hard conversations that exist around Canada’s food supply.

The panel of judges awarded the prize to Chloe Rourke. Congratulations Chloe!