by AB Hansen
Monsanto was nervous before the Supreme Court of Canada narrowly decided in May that Saskatchewan farmer Percy Schmeiser infringed its copyright on transgenic canola. Company officials thought they could relax after what they considered a big win.
Now that decision may come back to haunt them. A keystone of Monsanto’s argument in the case revolved around the fact that Percy did not notify the company when he suspected that its Roundup ready canola, which he was not licensed to grow, had found its way into his fields. It is believed to have arrived both as pollen and been dropped by trucks driving past the Schmeiser fields.
In 2002, Louise Schmeiser found Monsanto’s canola in her organic vegetable garden and shelterbelt. Louise sent several letters to Monsanto to come and remove its transgenic plants, exactly what the company told the Supreme Court that Percy should have done to have prevented a lawsuit against him.
Monsanto responded by sending Mrs. Schmeiser a letter demanding that she stop harassing the company. Louise then paid several students to remove the plants from her garden and burn them.
Wishing to be compensated for her $140 expenditure and to prove a point, Mrs. Schmeiser then filed a small claims action against Monsanto. By now the company was getting really nervous that it might be ordered to pay the well-documented claim and its lawyers stalled for time.
The matter could be settled as soon as next March, but if the Schmeisers win this case an important precedent will be set. Since it has now been shown that genetic pollution is a serious problem and that all transgenics can be traced back to its developers, removal of unwelcome plants could be a hugely expensive enterprise.
On the Canadian Prairies, transgenic canola of three types are outcrossing in farmers’ fields with non-GE canola as well as with each other. Some plants are now resistant to three brands of herbicide from three companies and much more powerful herbicides are being used to kill unwanted canola plants.
Parliament has yet to act on recommendations of the country’s top court, which said that the Patent Act should not be applied to plants, the Plant Breeder’s Rights Act should.
Where this goes is anybody’s guess as Prime Minister Martin is under pressure to appease the US. There are powerful lobby groups in Washington wanting Canada to roll over on resistance to transgenics and prevent things like mandatory labeling laws.

For more on the Schmeiser family’s GE nightmare see www.percyschmeiser.com. In a related case the Saskatchewan Organic Directorate is suing Monsanto for loss of income due to an inability to grow organic canola because of transgenic pollution www.saskorganic.com