The Liberals are calling on the federal government to abandon its legislation that kills the Wheat Board's monopoly over marketing western grain until the issue is settled by the courts.

Late last month, the House of Commons voted 153-120 to pass Bill C-18, which ends the board's control over western wheat and barley.

Last week, the Federal Court found that with the legislation, the government is operating outside the law. The Canadian Wheat Board Act requires a plebiscite among farmers before the government can make a move to break up the board's marketing monopoly.

The Conservatives are appealing the ruling, but are also pushing the bill through the Senate in the hopes it receives royal assent before the Christmas break.

During question period in the House of Commons Monday, Interim Liberal Leader Bob Rae called on the government to put the brakes on the law until its appeal has made its way through the courts.

"Because the federal court has ruled with respect to the wheat board question -- that in fact the minister was acting outside the framework of the law -- I'm wondering if the government can tell us why are they proceeding with this legislation in the Senate when the matter is now back before the courts?" Rae asked. "Why not wait for the matter to be disposed of by the courts before pursuing this law any further?"

Foreign Affairs Minister John Baird responded to the question by first quoting Justice Campbell's ruling, which said that the validity of bill C-18 and any legislation that becomes law as a result of the bill "are not an issue in the present applications.

"What we are doing is…we're saying to western Canadian farmers that they have the same rights as farmers in every other part of the country to sell their wheat and to sell their barley," Baird said.

Farmers in western Canada, from the Peace River district in northeast British Columbia right to the Manitoba-Ontario border, have had to sell their wheat and barley through the board since 1943.

While many farmers complied with the regulations, some felt it unfair that farmers in other parts of the country could sell their products as they saw fit.

Earlier Monday, Rae wrote a letter to Gov. Gen. David Johnston, asking him to refuse to give the bill royal assent.

"As Canadians clearly cannot count on this Conservative government to do the fair and lawful thing and not proceed with this legislation, we hope that the Governor General will use his discretion and prevent this illegal bill from becoming law," Rae said Monday, explaining why he wrote his letter to Johnston.

"Given this (court) condemnation of the government's attempt to unilaterally dismantle the Canadian Wheat Board, and given their decision to appeal, it would be inappropriate to proceed with the legislation until those matters have been exhausted before the courts."

Agriculture Minister Gerry Ritz also criticized Rae's position Monday, and also pointed out that the bill does not kill the wheat board entirely.

"Mr. Rae would benefit from reading the Marketing Freedom for Grain Farmers Act and learning that our Government has committed to assisting the Canadian Wheat Board so it can remain a viable marketing option for those farmers who choose to use it," Ritz told The Canadian Press in an email statement.

"We will ensure that western Canadian wheat and barley farmers, like farmers in Ontario, have the marketing freedom they want and deserve."