Guest guest Posted May 9, 2003 Report Share Posted May 9, 2003 Fri, 9 May 2003 06:03:48 -0700 News Update from The Campaign Good news from Canada! News Update From The Campaign to Label Genetically Engineered Foods ---- Dear News Update Subscribers, Good news! The Supreme Court of Canada has agreed to hear the case of Percy Schmeiser, the Canadian canola farmer who was sued by Monsanto. Posted below are two articles that will provide further details. You can watch a free 26-minute video that features Percy Schmeiser telling his story on The Campaign's web site at: http://www.thecampaign.org/videohb.php The video, called " Heartbreak in the Heartland, " can also be purchased at The Campaign's web site for the low price of $7.50, including shipping. Active Members in The Campaign receive 20 percent off, lowering the price to just $6.00 each. The Campaign congratulates Percy Schmeiser on this important development in his ongoing battle with Monsanto. If you would like to read the transcript of the judgment against Percy that he is appealing, you can read it at: http://decisions.fct-cf.gc.ca/fct/2001/2001fct256.html You can visit Percy Schmeiser's web site at: http://www.percyschmeiser.com Craig Winters Executive Director The Campaign to Label Genetically Engineered Foods The Campaign PO Box 55699 Seattle, WA 98155 Tel: 425-771-4049 Fax: 603-825-5841 E-mail: label Web Site: http://www.thecampaign.org Mission Statement: " To create a national grassroots consumer campaign for the purpose of lobbying Congress and the President to pass legislation that will require the labeling of genetically engineered foods in the United States. " *************************************************************** Sask farmer wins hearing from Supreme Court in patent battle with Monsanto May 8, 2003 REGINA (CP) -- The Saskatchewan farmer who has been embroiled in a costly legal battle with biotech giant Monsanto for more than two years is being given the opportunity to plead his case in the country's highest court. The Supreme Court of Canada has agreed to hear the case of Percy Schmeiser, who is challenging past rulings that held him liable for more than $170,000 in damages and legal costs. Schmeiser was in Rome and not immediately available for comment Thursday, but his lawyer Terry Zakreski said he is delighted with the ruling. " It's a big thrill and it's great news to hear this, " Zakreski said. " I'm sure Percy will have a smile on his face as big as Saskatchewan when he finds out. " But much work lies ahead, Zakreski said. " I compare this to Mount Everest. We've come all this way and we are only at about base camp. All the tough climbing is still ahead. " Monsanto Canada spokeswoman Trish Jordan said the court's decision will be a costly one for both Schmeiser and the company, but Monsanto is prepared to defend its position to the end. " We will continue to follow the case for the next 12 to 14 months, " Jordan said. " It would have been good if it was over today from our perspective, but we'll keep going. " At issue are U.S.-based Monsanto's patent rights to Roundup Ready canola, a genetically modified strain resistant to powerful herbicides that would normally kill the plants, widely used to produce cooking oil. Monsanto charges farmers a fee of about $30 a hectare to use the seeds. About 20,000 farmers across the country planted the seeds in 2000. Those crops covered between about 18 million and 20 million hectares and accounted for about 40 per cent of Canadian canola production. Schmeiser, 72, who has farmed for about 50 years near Bruno, Sask., was sued by Monsanto for growing its seeds without permission. The Federal Court trial division agreed with the company that its patent rights had been violated and ordered Schmeiser to pay $19,000 in damages and $153,000 in court costs. The judgment was upheld by the Federal Court of Appeal, which continued to hold Schmeiser liable but rejected a counter-claim by Monsanto to raise the damage figure. Schmeiser denies he knowingly violated the patent. He contends the herbicide-resistant crop grown in his fields may have resulted from seeds blowing off a passing truck or from pollination from nearby fields where his neighbours were growing Roundup Ready canola. But Monsanto says that is impossible considering the large quantity of Roundup tolerant crop in his field. " We have always been of the belief that he deliberately and knowingly misappropriated our technology, " Jordan said. " We do charge a fee for our technology and we will protect our patent rights. " The reason we do that is because of all the other farmers that are paying for it. " The case has become a cause celebre in Western Canada and has attracted attention in other countries, making Schmeiser something of a folk hero among farm and consumer activists who worry about the spread of genetically modified crops and the economic clout of the companies that hold patents for them. Schmeiser has said he has drained his life savings in the legal battle and has been relying on donations to continue his fight. Angela Rickman, campaign co-ordinator with the Sierra Club of Canada, said the environmental group will be watching the case closely. " It's very important for small farmers, not just in Canada but around the world, who are really concerned with the ability of multinationals to patent what was previously considered to be the genetic common, " she said from her home in Ottawa. " The whole world will be watching the outcome. " No date has been set for the Supreme Court hearing. *************************************************************** Genetic food patent challenge to hit Canada court Thursday May 8, 1:23 PM EDT By Randall Palmer OTTAWA, May 8 (Reuters) - A farmer crusading against genetically modified grain won the right on Thursday to take the case to the Canadian Supreme Court to challenge the patent rights of biotech giant Monsanto Co. (MON). In what began as a question of whether Percy Schmeiser had grown Monsanto grain without a license on his Saskatchewan farm, the case has broadened to what Schmeiser sees as a David-and-Goliath battle over genetically altered food. The Supreme Court agreed on Thursday to hear an appeal of lower-court decisions that Schmeiser had violated the Monsanto patent for canola modified to tolerate the herbicide Roundup. It is a powerful invention -- all the weeds disappear but the canola is left standing -- and 80 percent of the country's farmers now grow transgenic canola. Canola is the Canadian variant of rapeseed, used especially for cooking oil. Monsanto is also hoping to introduce Roundup Ready wheat, for a much larger market, but many farm groups are wary because most international buyers say they do not want genetically modified wheat. The company took Schmeiser to court after it discovered its patented transgenic canola growing on his farm. Schmeiser had not signed a C$15 ($10) per acre agreement with the company to grow it. Schmeiser says he spent 40 years cultivating his own, conventional canola varieties, saving seed from one crop to plant the next and that he did not know how the genetically modified plants ended up on his farm. He suggested that seeds blew off passing trucks, or pollen from nearby farms was carried in by wind, insects or birds, and he contended that Monsanto had unleashed an " invention " they could not control into the environment. Monsanto said independent tests of Schmeiser's farm had found that 1,030 acres were 95 percent to 98 percent tolerant to Roundup -- though this was contested by the farmer. Referring to the trial judge's decision in 2001, Monsanto said in a statement: " At such a high level of tolerance, Justice MacKay ruled the seed could only be of commercial quality and could not have arrived in Mr. Schmeiser's field by accident. " Monsanto spokeswoman Trish Jordan said: " We were hopeful the unanimous decision of the Federal Court of Appeal would have put an end to unnecessary and costly legal action in this case. " The Supreme Court is not likely to be hear the case before the autumn at the earliest. *************************************************************** If you would like to comment on this News Update, you can do so at the forum section of our web site at: http://www.thecampaign.org/forums *************************************************************** --------- Gettingwell- / Vitamins, Herbs, Aminos, etc. To , e-mail to: Gettingwell- Or, go to our group site: Gettingwell The New Search - Faster. Easier. Bingo. Quote Link to comment Share on other sites More sharing options...
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