Judges toss out Schmeiser Appeal

MURRAY LYONS / The StarPhoenix (Saskatoon, Saskatchewan, Canada) 6sep02

Highly recommended: Percy Schmeiser telling his story in
Heartbreak in the Heartland: The True Cost of Genetically Engineered Crops
Also translated into Spanish, French, Chinese, and Hindi

Bruno farmer may take case to Supreme Court

Bruno farmer Percy Schmeiser has a month to decide whether he will try get his case heard by the Supreme Court of Canada after three judges with the Federal Court of Appeal ruled unanimously that Schmeiser had violated Monsanto's .patent on its Roundup Ready gene.

Percy Schmeiser

A Federal Court judge in March 2001 had ruled Schmeiser ."knew or ought to have known" that his fields contained the Roundup Ready gene. Schmeiser's appeal of that original decision was heard this May in Saskatoon.

The three-judge panel Thursday dismissed all 17 grounds of appeal in the case.

Schmeiser Schmeiser had not paid to use such technology or signed an agreement to use Roundup Ready canola during 1997 or 1998. He has always argued that Roundup Ready seed blew into his field from a passing truck or that his crop may have been contaminated by pollination in 1997.

Schmeiser was not available for comment Thursday evening. But his Saskatoon lawyer, Terry Zakreski, said his client was disappointed.

"We've just received the decision this afternoon," he said Thursday. "We're still reviewing it and considering whether to seek leave to appeal to the Supreme Court of Canada.

"We're, of course, disappointed with it." However, the combative farmer and business owner and his lawyer did score one victory when judges on the panel dismissed a cross appeal by Monsanto to see the original trial judge's award of $19,832 in damages raised to $105,935.

Federal Court Judge Andrew MacKay had ruled in 2001 that Schmeiser's profit from his 1,030 acres of Roundup Ready canola in 1998 would have amounted to the smaller number. His profit award took into account $15 an acre Monsanto charges for the right to usp the Roundup Ready gene in canola varieties.

Monsanto spokesperson Trish Jordan of Winnipeg said the money to be paid to Monsanto from Schmeiser will be put into the corporation's fund to "reinvest into the agriculture community" as part of a larger corporate charity program.

"We have always said we will not profit from people doing illegal things," she said.

Despite his loss in court, Schmeiser has become somewhat of a folk hero among farm and consumer activists around the world who are opposed to genetically modified foods and their use in agriculture.

In fact, these groups have helped pay for Schmeiser to travel to speak to them.

This week, Schmeiser has just returned from one of his many overseas trips that he has undertaken since his legal battle with Monsanto propelled him into the spotlight.

Schmeiser's wife said Thursday her husband had just returned from Australia on another speaking engagement.

Jordan said she is not surprised that Schmeiser became a cause to rally around for those opposed to genetically, modified foods or biotechnology in agriculture.

"Obviously, there's always been people against either GM technology or multinational corporations or corporate control or patents," the Monsanto spokesperson said.

"I think in this particular case Mr. Schmeiser chose to do it through the wrong avenue. On legal grounds, this case was open and shut.

"The fact that he is raising issues that some people have a like-minded interest in is something he has the right, to do."

Monsanto able to settle in most cases

Jordan said the adoption rate by Prairie farmers of transgenetic varieties of canola is proof of its support and that farmers who pay to use Roundup Ready canola want Monsanto to pursue those who are using the technology and not paying for it.

She said the company has been able to get a number of other farmers to pay up un cases where they have confronted them with evidence they were growing a Roundup Ready variety without authorization.

Jordan said such private settlements have numbered fewer than 20 for the firm.

Jordan said evidence that Monsanto wants to work with farmers can be found in the results from this year's drought insurance program that the company implemented in 1999 to help lower the risk of growing canola.

If a farmer can't get a canola crop to germinate by July 1 because of drought, Monsanto waives the $15-acre technology fee and the cost of any Roundup applied.

The drought was devastating this year and farmers are really suffering," she said.

"In 2002, we will be returning between nine and 13 million dollars to rowers across Western Canada."

Many thanks to Percy Schmeiser for sending this article. But most of all, we are all infinitely indebted to you for your valiant struggle against the transnational corporate goliath Monsanto! You have given the world hope against total control of the food supply. You give farmers around the world hope and we ALL WISH YOU WELL. 

• To aid Percy in this struggle, please go to his website www.percyschmeiser.com