The Implications of the Percy Schmeiser Decision.

• Author: Clark, E. Ann
• Position: Saskatchewan farmer sued for growing genetically contaminated canola

Percy Sobmeiser is a Saskatchewan farmer who was sued by Monsanto for growing canola that had been inadvertently contaminated with the Roundup Ready (RR) gene. Let us first be clear on the crime for which Saskatchewan farmer Percy Schmeiser was found guilty.

He was found guilty of (a) having Monsanto genetics on his land, and (b) not advising Monsanto to come and fetch it. He was not found guilty of brownbagging--obtaining the seed fraudulently. Indeed, all such allegations were dropped at the actual hearing, due to lack of evidence.

Judge W. Andrew MacKay made it clear that how it got there didn't matter anyway. "Yet the source of the Roundup resistant canola...is really not significant for the resolution of the issue of infringement..."

It also didn't matter that Schmeiser did not benefit--at all--from the RR (Roundup Ready) seed.

He sold the crop as grain--not as seed, and he didn't spray Roundup. He acknowledges spraying Roundup around his telephone poles--a standard practice--which first alerted him in 1997 to the contamination in his field because some of the plants didn't die. Then, in typical farmer fashion, he got out his sprayer and made a couple of passes leading away from the road to see how far the contamination reached--total sprayed area was three acres out of the hundreds sown in 1997. No one--including Monsanto--argued that Schmeiser actually benefited--or even intended to benefit--from growing a crop contaminated with RR plants. But it didn't matter. He was guilty nonetheless, and fined $15/ac x 1030 ac. Monsanto also seeks the value of his crop $105,000, plus $25,000 for punitive and exemplary damages.

He also lost the improved genetics resulting from his lifelong practice of saving his own seed to produce his own tailor-made variety of canola, as the crop was confiscated.

The harm that has been done to Percy and Louise Schmeiser, now in their 70's, is grievous. But of even greater concern is how this incomprehensible decision will affect all western Canadian farmers-- regardless of whether they even grow canola, let alone GM canola.

The problem(s) with canola

Canola is a relatively primitive crop, and as such, retains many of the characteristics of a wild species. Unlike corn and wheat, which have been domesticated by over 10,000 generations of breeding, canola pods mature unevenly, obliging farmers to cut and place the crop in windrows to allow the green seed to dry prior to combining The seed retains dormancy, meaning...