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The Rural Voice, 2001-06, Page 6IL Carter's view far from the truth Jettrey Carter views the lawsuit of Monslnto vs. Percy Schmeiser as a case of Monsanto recklessly spread- ing Roundup Ready canola onto Schmeiser's farm. ("Farmers will pay for Monsanto suit" May 2001). This is so far from the truth of the situa- tion. that it borders on fabrication. Evidence presented at the trial, is that in 1998, Schmeiser had over 1.000 acres of 95 to 98 per cent pure Roundup Ready® (RR) canola. This level of purity is very close to certified standards. or what the levels in brown bagged canola sold illegally might be. Can it be true that the Schmeisers had been "improving the genetics of their canola without the help of Monsanto..." with that level of parity? Schmeiser claims he has no use for the RR gene, but the evidence speaks to the contrary. Carter accepts Schmeiser's assertion that "We never asked for this". To have this level of purity would indicate that he did want it and got it. I find it impossible that such a high level of purity could be the result of wind -carried pollen, bee - carried pollen or seeds blown off a truck. In order to get 95 per cent RR plants in 1,000 acres (at 5 lbs./ac. seeding rate) requires in the neighbourhood of 4,750 lbs. to be blown off trucks into his field evenly. I find it very hard to feel sorry for Schmeiser and his $200,000 drop in his retirement savings. He knew that he had Roundup Ready in his field(s), yet defied anyone to enforce the rules regarding the protection of property rights. Schmeiser's appeal for more money (re: ad on pg. 46 May 2001), strikes me as being a way to let other people pay for his mistakes, poor judgement and his apparent lack of respect for other companies' property rights. 2 THE RURAL VOICE Feedback Carter assists Schmeiser by trying to disguise this lawsuit as a David vs. Goliath scenario. I, however. would do exactly what Monsanto did if I was the developer and owner of Roundup Ready technology.0 Peter Rowntree Hill et Hill Farms Ltd. R.R. I, Varna. ON Monsanto's win could be costly for company Jeffrey Carter has commented extensively on the Monsanto vs. Schmeiser decision of Mr. Justice Peter MacKay with the conclusion that farmers will pay for the results of this decision. I offer the following as an opposing opinion. While I believe Mr. Carter is not, and I know that I am not, a lawyer, I have had the experience of many days at Federal Court hearings, over motions, relevant appeal hearings, and two tax cases that applied to me directly and have several pages in the Dominion Tax Cases that I can call mine. During these cases I had the good fortune to be allowed to be the research assistant to counsel, which has given me valuable experience within the Federal Court of Canada system. I have read the decision of MacKay, J. with interest at the website http://www.fct-cf.gc.ca/ bulletins/whatsnew/T 1593-98.pdf I was hoping that Mr. Schmeiser would win his case as we heard of its progress through the media. That was not to be, and in my opinion, there is not much room for an appeal because Mr. Justice MacKay has been careful in his treatment of the evidence and the wording of the decision. There may be other material within the transcripts that has not been considered that will support an appeal. This case was framed with a very narrow boundary, which applied only to patents and the rights of patent holders and their control over those patents. The main section of the Patent Act (R.S.C. 1985,c. P-4) that Monsanto relied on was section 42 which Mr. Justice MacKay included in the judgment which stated "that the patentee has 'the exclusive right, privilege and liberty of making, constructing and using the invention and selling it to others to be used...' for the term of the patent." The term of the patent in this case was 17 years from the time of the granting and expires on February 23, 2010. Mr. Justice MacKay accepted as fact the evidence as presented by Mr. Schmeiser and his hired help that they had sprayed Roundup® on the three acres of their canola field that bordered a major road in 1997. This part of the field was combined and the yield was put into the old Ford truck and left in the truck in the shed until spring. The truck was then driven to the local seed cleaning facility where the seed was cleaned and used for some of the 1998 crop year. It was the finding of Mr. Justice MacKay that this was a violation of the patent in that "Knowledge of the nature of that seed by Moritz, the hired hand, is attributable to Mr. Schmeiser and to the corporate deferdant. Mr. Schmeiser must be presumed to know the nature of the seed stored in the truck by Mr. Moritz who acted under Schmeiser's general instructions in harvesting the crop." Further, included in the decision as fact, was that "Other farmers who found volunteer Roundup tolerant plants in their fields, two of whom testified at trial, called Monsanto and the undesired plants were thereafter removed by Monsanto at its expense." Mr. Justice MacKay, says this about the stray bull situation and pollen drift and it is clear in both meaning and intent, since the patented gene is identifiable: "I do not agree that the situation is comparable to the 'stray bull' cases that recognize that the progeny of stray bulls impregnating cows of another belong to that other, and that the owner of the straying bull may be liable in damages that may be caused to the owner of the cows. Further, the circumstances here are not akin to those cases that the defendants urge are part of the larger law of admixture, where property of A introduced by A without B's