Saskatchewan is about to host a genetically modified canola trial that will blow the Schmeiser case out of the water, says a legal expert.
Organic producers are getting their day in court nearly three years after they filed a statement of claim against Monsanto Canada Inc. and Bayer CropScience Inc.
The case is being co-ordinated by the Saskatchewan Organic Directorate, or SOD, which has launched a class action suit against the two biotechnology companies, seeking damages related to the introduction of genetically modified canola.
The growers allege that as a result of widespread GM contamination, they are unable to grow and sell organic canola, a useful tool in crop rotations.
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A certification hearing has been scheduled for Sept. 14-15 in Saskatoon’s Court of Queen’s Bench.
University of Saskatchewan law professor Martin Phillipson finds the case more rivetting than Monsanto’s much-publicized battle with Bruno, Sask., farmer Percy Schmeiser.
Instead of being about Monsanto’s rights, it is about the biotech company’s obligations, a novel legal issue.
“This case is just way more interesting because this is uncharted territory in many respects.”
Phillipson expects SOD lawyer Terry Zakreski to draw heavily on the Supreme Court’s decision that found his other client, Schmeiser, guilty of violating Monsanto’s patent on Roundup Ready canola, a decision that could come back to haunt Monsanto in the SOD case.
“I think they’re going to be hoisted on their own petard to a certain extent in that, by winning Monsanto vs. Schmeiser, they’re now clearly in control of these plants,” said Phillipson.
It raises an interesting legal question. Should biotech companies like Monsanto be held responsible for the promiscuity of their plants?
“This would be a big deal if you can find the manufacturer and seller of genetically modified crops liable for any contamination caused by that crop. It opens a huge new realm of liability,” said Phillipson.
The biotechnology firms will have a tough time arguing they only want responsibility for their genes when it suits them.
“You can’t have it both ways.”
Phillipson doesn’t anticipate SOD will have any problem getting its statement of claim, which was filed on Jan. 10, 2002, certified as a class action suit. The next step will be to go to trial and duke it out with Monsanto and Bayer.
The original claim also sought an injunction against the introduction of Roundup Ready wheat, but it was dropped when Monsanto announced in May it was voluntarily deferring commercialization of the controversial crop.
Two Saskatchewan farmers, Larry Hoffman and Dale Beaudoin, are singled out on the statement of claim but SOD is attempting to open it to include all Saskatchewan organic farmers certified between Jan. 1, 1996 and the date the case is potentially certified as a class action suit.
