Saskatchewan organic producers are keeping close tabs on Percy Schmeiser’s Supreme Court trial.
They are in the midst of a legal dispute of their own with Monsanto and are interested in what Canada’s highest court has to say on the issue. Yet they say the outcome will have no impact on their own pending litigation.
While both cases pit one of North America’s largest biotechnology companies against Saskatchewan farmers, that’s where the similarities end.
“(Schmeiser’s trial) probably has very little bearing on our case. It was strictly a patent issue case,” said Arnold Taylor, chair of the Organic Agriculture Protection Fund, a group of farmers attempting to mount a class action suit against the biotechnology company.
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A spokesperson for Monsanto Canada agrees with that assessment.
“I would say they’re not related in any way,” said Trish Jordan.
The most glaring difference between the two legal disputes is that the Schmeiser case was initiated by Monsanto, while the organic case was launched by growers.
They filed a statement of claim against Monsanto Canada Inc. and Aventis Cropscience Canada Holding Inc. two years ago this month.
Organic farmers want the two biotechnology companies held liable for their actions based on legal principals including trespassing and the violation of environmental acts. In the Schmeiser case Monsanto sued the Bruno, Sask., farmer for violating its patent on Roundup Ready canola.
The growers are seeking damages for the alleged loss of the European organic canola market due to the introduction of genetically modified canola. In addition, they want an injunction against the introduction of GM wheat.
They say it’s a case about corporate responsibilities.
“We don’t really care whether Monsanto’s patent is valid or not,” said Taylor from his Ottawa hotel, two days after attending the Schmeiser trial.
Two years into the organic case the parties are still at the preliminary stage of arguing whether it will be tried as a class action suit. A trial to address that issue has been set for March 25, but Jordan thinks that date will be moved back to summer or autumn.
Saskatchewan’s Class Actions Act allows small groups of individuals to take on larger organizations without incurring the expense of multiple trials.
It also prevents the plaintiff from having to pick up the defendant’s legal costs if they lose the case, which is the main reason why the organic growers chose that route.
Jordan said most Canadian provinces have been slow to adopt class action legislation because it allows “frivolous claims” to be filed, adding that she wasn’t commenting directly on the validity of the organic case.
Taylor thinks the legislation will allow every organic farmer in the province to participate in the lawsuit, but the judge will decide what group will make up the class if the case is certified under the new legislation.
There are an estimated 900 certified organic growers in the province, many of whom have contributed to the Organic Agriculture Protection Fund.
Taylor estimates they have already paid more than $200,000 in legal fees.
