Conference 2022 Panel Recap - "Keynote: The State of Agriculture”

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Scott Ross, Natasha Kim, Robert Scriven, Jessie MacInnis and Amanda Aziz discussed the present state of Canadian agriculture with Nadia Lambek as moderator.

The panel began by discussing their aspirations for Canadian agriculture.  A common theme amongst the speakers was efficient, socially responsible and environmentally sustainable production.  Two specific social goals were emphasised.  Amanda Aziz urged the audience to keep in mind the need to improve the working conditions of farm workers, especially migrant workers, and Jessie MacInnis discussed the importance of eliminating the barriers to entry that the next generation of farmers will face.

The panelists then moved to current issues facing agricultural production in Canada.  The discussion largely revolved around the trend of conglomeration of farms.  Bob Scriven and Natasha Kim noted that each mode of production has pros and cons, and that a diversity of production is an excellent way to hedge against future uncertainty.  They did note the inflated costs of inputs has resulted in farmers either having to expand to reap the benefits of economies of scale or look to off-farm supplementary income.  Amanda Aziz took a more critical view of the current state agriculture, focusing on the exploitation of migrant farm workers.  She highlighted how migrant workers are often treated as temporary and disposable by both employers and government, despite them being critical to our food supply. 

The discussion then moved to how the framework may be more accommodating to some modes of production more than others.  Nadia Lambek first posed these issues to Scott Ross and Natasha Kim who have backgrounds in public policy and governance.  They argued that Canadian agricultural policy is agnostic between modes of production and that there is plenty of room for compatibility amongst different farm structures.  In contrast, Jessie MacInnis explained that her ideas of agroecology are often overlooked by policy makers and seen as incompatible with conventional farming practices.  After further discussion, the panel seemed to agree that it was in everyone’s interests for food law and policy to encourage a diversity of agricultural production and facilitate the spread of ideas and innovations across the sector.

The last topic of discussion was constitutional considerations for agricultural laws and regulations.  The Constitution Act, 1867 gives concurrent jurisdiction to the provincial and federal governments for agricultural issues.  Navigating this form of dual governance is a significant component of Bob Scriven and Amanda Aziz’s work as lawyers.  Bob expressed a relatively clear divide of jurisdiction regarding the specific courts and tribunals he has appeared before.  A key part of his practice involves administrative law where Bob must determine the most appropriate forum for his clients.  Alternatively, some issues that arise in agricultural law exists within a myriad of overlapping jurisdictions.  Amanda noted that pursuing justice for migrant workers requires a lawyer to navigate federal immigration law, provincial workplace and housing standards along with the dual jurisdiction of agriculture that creates exceptions to many federal and provincial rules.

Overall the members of the panel came to consensus about many of the important issues facing Canadian agriculture along with many shared goals of the future of the sector.It was certainly interesting to see the different experiences and perspectives the panelists had about the same policies and other characteristics of agriculture.