CANADA: Monsanto versus Percy Schmeiser

May 2, 2001
Issue 

Picture

On March 29, a Canadian judge dealt a crushing blow to farmers' rights by ruling that Percy Schmeiser, a third-generation Saskatchewan farmer, must pay Monsanto thousands of dollars for violating the gene giant's monopoly patent on genetically modified canola seed. Monsanto (acquired by drug company Pharmacia last year) is the world's premier biotech behemoth.

Under Canadian patent law, as in the US and many other industrialised countries, it is illegal for farmers to re-use patented seed or to grow Monsanto's GM seed without signing a licensing agreement. If the gene giants and US trade authorities get their way, every country in the world will be forced to adopt patent laws that make seed saving illegal.

The ruling against Schmeiser establishes an even more dangerous precedent because it means that farmers can be forced to pay royalties on GM seeds found on their land, even if they didn't buy the seeds or benefit from them.

Schmeiser did not buy Monsanto's patented seed, nor did he obtain the seed illegally. Pollen from genetically engineered canola seeds blew onto his land from neighbouring farms (Schmeiser's neighbours and an estimated 40% of farmers in Western Canada grow GM canola).

Monsanto's GM canola genes invaded Schmeiser's farm without his consent. Shortly thereafter, Monsanto's "gene police" invaded his farm and took seed samples without his permission.

Schmeiser was a victim of genetic pollution from GM crops — but the court says he must now pay Monsanto around C$10,000 for licensing fees and up to C$75,000 in profits from his 1998 crop.

The GM canola that drifted onto Schmeiser's farm was engineered to withstand spraying of Monsanto's proprietary weed killer, Roundup. But Schmeiser did not use Roundup on his canola crop. After all, if Schmeiser had sprayed his crop, the chemical would have killed the majority of his canola plants that were not genetically modified to tolerate it.

The court ruling has far-reaching implications for farming communities around the world. Last year, Monsanto's GM seed technology was planted on 41.6 million hectares worldwide. That means Monsanto accounted for 94% of the global area sown to genetically modified seeds in 2000.

The anti-farmer verdict is being hailed as a landmark victory for Monsanto, but it's too soon for the gene giants to celebrate. North American farmers grew three quarters of the world's commercial GM crops last year, and now they're showing signs of biotech battle fatigue.

With the advent of genetic engineering and exclusive monopoly patents, the gene giants have abolished the farmers' fundamental rights to save and exchange seed. Now farmers are being forced to accept liability for genetically modified crops. How many bullets will they take for biotech?

In North America, there are signs of resistance:

  • the National Farmers Union of Canada has called for a national moratorium on producing, importing and distributing GM food;

  • a bill introduced in North Dakota (US), backed by the state's wheat farmers, would impose a moratorium on growing genetically modified wheat, a crop that Monsanto hopes to commercialise by 2003;

  • in March, the US National Farmers Union adopted a policy supporting a moratorium on the introduction, certification and commercialisation of genetically engineered wheat until issues of cross-pollination, liability, commodity and seed stock segregation and market acceptance are adequately addressed;

  • the Indiana House of Representatives passed a bill in February defending the farmers' right to save seed;

  • Oklahoma's secretary of agriculture, Dennis Howard, recently commented, "After reviewing Monsanto's 2001 Technology Agreement, I would discourage any farmer from signing this document. Not only does this contract severely limit the options of the producer, it also limits Monsanto's liability ... The protection of the Monsanto contract is strictly one-sided and I would encourage producers to carefully consider this before entering into this agreement"; and

  • a North Dakota State University economist has warned that growers of GM crops are exposing themselves to potentially huge financial risks by signing gene technology agreements. Dwight Aakre said that "responsibility for providing assurance of non-contamination with GMO materials is being pushed back to the individual producer".

Schmeiser has filed a counter-suit against Monsanto, but his family faces enormous legal costs that cannot be sustained without outside assistance. Contributions to Schmeiser's legal defence may be sent to: Schmeiser Defence Fund, Canadian Imperial Bank of Commerce, Humboldt, Saskatchewan, Canada SOK 2A0.

For more information about Schmeiser's case, go to: <http://www.percyschmeiser.com>.

[Abridged from Rural Advancement Foundation International (Canada), <http://www.rafi.org>.]

You need Green Left, and we need you!

Green Left is funded by contributions from readers and supporters. Help us reach our funding target.

Make a One-off Donation or choose from one of our Monthly Donation options.

Become a supporter to get the digital edition for $5 per month or the print edition for $10 per month. One-time payment options are available.

You can also call 1800 634 206 to make a donation or to become a supporter. Thank you.