SASKATOON - In a decision rendered today in the controversial Schmeiser vs Monsanto case, the Supreme Court of Canada upheld the judgement against Saskatchewan canola farmer Percy Schmeiser, sending shockwaves around the world.
In 2001, the Federal Court of Appeal found that Schmeiser had infringed on Monsanto's patent rights to its Roundup Ready canola when he saved and planted contaminated seeds growing on his farm. Refusing to give up, the prairie farmer took his case all the way to the Supreme Court of Canada. While today's decision is the end of Schmeiser's legal battle, the world-wide political battle to change patent laws wages on.
The vast implications of this case compelled the Council of Canadians, the Sierra Club of Canada, and the National Farmers Union to seek standing in the case. The intervener coalition is devastated by today's results.
"It is horrific what this decision will mean for so many in Canada and around the world," explained Andrea Peart, Director of Health and Environment with Sierra Club of Canada. "This decision doesn't just condemn Percy Schmeiser, it also condemns the broader community. The responsibility of dealing with the environmental contamination of GE genes will now be shouldered by the public, not the polluter."
The appeal required the Court to decide what constitutes patent infringement when dealing with life forms such as plants, which have the capacity to reproduce.
"This case was about preserving age-old agricultural practices such as seed saving and protecting farmers from being held responsible for the rampant contamination of our farm fields," says Terry Boehm of the National Farmers Union. "A reversal of the lower courts' decision was essential to protect the rights of farmers."
The precedence associated with this groundbreaking case also attracted key international groups to the coalition. These include the Action Group on Erosion, Technology, and Concentration (ETC), the Research Foundation for Science, Technology and Ecology, led by renowned Indian environmentalist Dr. Vandana Shiva, and the Washington-based International Center for Technology Assessment (ICTA).
"Monsanto and other biotech companies have been relentless in their attack on farmers both in Canada and the US," says Andrew Kimbrell, Executive Director of the ICTA, "Nearly 100 farmers sued by Monsanto in the U.S. face similarly dire prospects. Mr. Schmeiser's loss should underscore the threats farmers face when biotech crops are allowed to invade our farmlands."
"Monsanto's victory will be short lived," says Pat Mooney from ETC. "This ruling is sure to unleash worldwide backlash against genetically engineered foods. Monsanto may think that it's beaten us, but all they've done is galvanize the resistance."
"The biotech industry has grossly underestimated the people's resolve," adds Nadège Adam of the Council of Canadians. "This loss makes it even more important for people around the world to take this battle to their governments. We demand that our elected officials assume their responsibility and ban the patenting of lifeforms."
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