The Rural Voice, 2001-05, Page 14WELLESLEY LOADING
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10 THE RURAL VOICE
Jeffrey Carter
Farmers will pay for Monsanto suit
Judge W. Andrew MacKay has
rendered a decision in the Monsanto
versus Percy Schmeiser case that
holds huge implications for farmers
everywhere.
Set aside arguments whether or
not Schmeiser, a farmer from Bruno,
Saskatchewan,
knowingly plant-
ed canola seed
with the Roundup
Ready gene.
What Judge
MacKay has
done, perhaps
unwittingly, is to
compromise the
ability of farmer
to control what
happens on their
own land and
given Monsanto
the right to
indiscriminately
spread their patented genes without
consequence.
Schmeiser, according to MacKay's
findings, planted his 1998 crop from
seed saved in 1997 which "he knew
or ought to have known was Roundup
tolerant."
It doesn't matter, MacKay con-
cludes, if Schmeiser had nothing to
do with the Roundup Ready technol-
ogy invading his farm and if Schmei-
ser didn't want that technology.
Following is the excerpt from
MacKay's judgement that both Sch-
meiser and I find the most alarming:
7 nus a farmer whose field
contains seed or plants originating
from seed spilled into them, or blown
as seed, in swaths from a neighbour's
land or even growing from germ-
ination by pollen carried into his field
from elsewhere by insects, birds, or
by the wind, may own the seed or
plants on his land even if he did not
set about to plant them. He does not,
however, own the right to the use of
the patented gene, or of the seed or
plant containing the patented gene.
/ 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 coifs..
Schmeiser, however, feels he has
' incurred damages. When I spoke to
him at length following March 29
decision, he told me he's been grow-
ing canola for about 50 years. He and
his wife have been improving the
genetics of their canola without the
help of Monsanto or any other
company.
The Schmeisers have selected for
a wide range of traits in their canola
to improve yield, reduce lodging and
increase resistance to such diseases as
blackleg and sclerotina. In selecting
for blackleg resistance, for instance,
the Schmeisers would save seed from
a healthy plant growing right next to
one that was diseased. Although
they're unfamiliar with the term,
what they've developed is known as
"horizontal resistance" within the
scientific community.
Overall, Percy Schmeiser says he
and Louise have had considerable
success, achieving some of the high-
est yields in vicinity of Bruno. He
values his own genetics but has no
use for the Roundup Ready gene
which he says has forced him to
replace the canola strain he and his
wife developed over the decades with
a different variety.
Judge MacKay may have adhered
to the letter of the law. For the
Schmeisers, however, only injustice
has been served.
"Where's the justice here for the
common people?" Percy Schmeiser
asks. "We never asked for this. We
never did anything that was wrong.
We've been raising canola on this
farm before Monsanto even knew
what it was."
Percy Schmeiser says he's spent
about $200,000 of their retirement
savings fighting the Monsanto law-
suit. He plans to appeal but only if
enough money can be raised by his
supporters. A trust has been set up for
Percy Schmeiser to continue his legal
battle. If you're interested, send a
cheque to: Schmeiser Defence Fund,
c/o Canadian Imperial Bank of
Commerce, Humbolt, Saskatchewan,
SOK 2A0.0
Jeffrey Carter is a writer and
freelance journalist based in
Dresden, ON.