Percy Schmeiser

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In 1997, Schmeiser found volunteer canola plants and a number of weeds growing along the road in one of his fields. He testified that he sprayed these weeds in what is commonly known as a "spring burn." This practice eliminates weeds prior to planting of the crop, as weeds take valuable moisture away from the crop during germination. Schmeiser surprisingly found that a number of these volunteer canola plants had survived after the spring burn, potentially meaning they had developed a resistance to chemicals. As it was only the second year that Roundup Ready canola was available for use, this was highly unusual. [2] He testified that his intention all along was to plant canola in that field as it was fallow (not planted the year before), as it was part of his crop rotation to prevent disease. In seeking the potential of the largest return, he typically planted canola in a fallow field. When he then harvested that crop approximately 90 days later, the thought that any other part of his field may be contaminated with Roundup Ready canola was the furthest thing from his mind.

Following farmers' long standing rights to save and use their own seed, Schmeiser saved all of canola from that and his other fields and kept a small amount aside for planting in 1998. The rest of his canola was sold to a nearby processing plant. [2] Without Schmeiser's permission or knowledge, Monsanto trespassed onto his fields and took samples of his canola plants during the first stage of germination. [3] Monsanto then approached him to pay a "technology use fee" for using Monsanto's patented technology without a license. Schmeiser refused, stating that there was no intent to use Monsanto's product, that he didn't spray his fields with Roundup (the only benefit of Roundup Ready canola) and claimed that the actual seed was his because it was grown on his land. After demands and threats, Monsanto sued Schmeiser for patent infringement on August 6, 1998. [2]

For the next several years, the case traveled through the Canadian court system. The initial focus of Monsanto's action was that they were seeking $15/acre (1030acres X $15. = $15k) plus costs, as they claimed Schmeiser had Monsanto's technology in his possession without paying for it, even though the court found that Schmeiser did not spray any of his canola with Roundup. Monsanto stated that this was immaterial; as he had their technology on his fields. Over time, Monsanto changed their approach that the case was done on principle, not financial; solely that they had a valid patent, and they would use a valid patent to sue other farmers. [4]

Meanwhile, Schmeiser became a popular figure among those opposed to genetic engineering. He accepted speaking engagements around the world. Schmeiser continued to face threats and harassment from Robertson Investigations; [3] a firm hired by Monsanto to enforce their patent. [5] Ultimately, in a split decision from the Supreme Court of Canada, Schmeiser won a 9–0 ruling that he did not have to pay Monsanto their technology-use fee, damages, or costs. The court ruled that Schmeiser did not receive any benefit from Monsanto's technology, but still ruled in a 5–4 decision that Monsanto had a valid patent, and that unintentional possession didn't matter, thus Schmeiser infringed on the patent. [6]

A film about Schmeiser's fight with Monsanto, with Christopher Walken as Schmeiser, was released the week before Schmeiser's death on October 13, 2020. [7] [8] [9]

Schmeiser v. Monsanto

On August 11, 1999, Schmeiser filed a separate lawsuit against Monsanto for ten million dollars for "libel, trespass, and contamination of his fields with Roundup Ready Canola". [10] As of 2007, Schmeiser had not started to prosecute that lawsuit. [11] : 58 

In 2002 Schmeiser's wife, Louise Schmeiser, filed suit against Monsanto for $140 plus costs to remove contamination of her organic garden with volunteer GM canola; the case was dismissed. [12]

Schmeiser again discovered Roundup Ready Canola growing in his fields in 2005, even though canola had not been planted in that particular field since 1998. He contacted Monsanto to have the company remove it, but when Monsanto conditioned doing so on Schmeiser signing a confidentiality agreement and a release from litigation, Schmeiser had the cleanup done and billed Monsanto for the $660 cost. When Monsanto refused to pay, Schmeiser sued in small claims court. [13] On March 19, 2008, Monsanto settled out of court, paying the $660 without stipulation. [14]

Other accomplishments

Schmeiser spent over 40 years in various political roles and community service. He served as mayor of Bruno from 1966 to 1983, and also as member of the Legislative Assembly of Saskatchewan for the Watrous constituency for the Liberal Party of Saskatchewan from 1967 to 1971. [15] Schmeiser was elected again as a town Councillor of Bruno in 2003 and served as the deputy mayor until 2009. [16]

While serving in the provincial legislature from 1967 to 1971, Schmeiser was on the MLA committee that selected Saskatchewan's flag. [17]

Schmeiser was the recipient of the Merit Award for Dealer of the Year in 1984 by the Saskatchewan Manitoba Implement Dealers Association. He was appointed to Saskatchewan's Real Estate Commission in 1993 and served until 1999. In 2000, he received the Mahatma Gandhi Award for working for the good of society. In 2007, Percy Schmeiser and Louise Schmeiser were named winners of the Right Livelihood Award:

... for their courage in defending biodiversity and farmers' rights, and challenging the environmental and moral perversity of current interpretations of patent laws. [18]

Death

Schmeiser died on October 13, 2020, at the age of 89 from Parkinson's disease. [19]

Quotes

Percy Schmeiser
PercySchmeiser2.jpg
Percy Schmeiser in Stuttgart (2008);
MLA for Watrous
In office
1967–1971

Now, at 70, I am involved with this fight with Monsanto. I stood up to them because a farmer should never give up the right to use his own seed. I felt very strongly about it because my grandparents came here from Europe in late 1890s and early 1900s to open this land, to be free, and to grow what they wanted to grow. Now we are going back to a feudal system that they left because they were not free—basically we are becoming serfs of the land.

— Percy Schmeiser in an interview with Acres USA [20]

Farmers should be concerned about this judgment as they now may lose their ability to continue with this practice. I believe that this ruling is an injustice and Parliament must act to ensure that farmers' rights are protected. The playing field between farmer rights and the bio-tech companies rights has been tilted towards the companies with this decision. [21]

I have always campaigned on the right of a farmer to save and re-use his own seed. This is what I have been doing for the last 50 years. I will continue to support any efforts to strengthen the rights of a farmer to save and re-use his own seed. [21]

In film

Related Research Articles

The Monsanto Company was an American agrochemical and agricultural biotechnology corporation founded in 1901 and headquartered in Creve Coeur, Missouri. Monsanto's best-known product is Roundup, a glyphosate-based herbicide, developed in the 1970s. Later, the company became a major producer of genetically engineered crops. In 2018, the company ranked 199th on the Fortune 500 of the largest United States corporations by revenue.

<span class="mw-page-title-main">Rapeseed</span> Plant species grown for its oil-rich seed

Rapeseed, also known as oilseed rape, is a bright-yellow flowering member of the family Brassicaceae, cultivated mainly for its oil-rich seed, which naturally contains appreciable amounts of erucic acid. The term "canola" denotes a group of rapeseed cultivars that were bred to have very low levels of erucic acid and which are especially prized for use as human and animal food. Rapeseed is the third-largest source of vegetable oil and the second-largest source of protein meal in the world.

<i>Monsanto Canada Inc v Schmeiser</i> Supreme Court of Canada decision

Monsanto Canada Inc v Schmeiser [2004] 1 S.C.R. 902, 2004 SCC 34 is a leading Supreme Court of Canada case on patent rights for biotechnology, between a Canadian canola farmer, Percy Schmeiser, and the agricultural biotechnology company Monsanto. The court heard the question of whether Schmeiser's intentionally growing genetically modified plants constituted "use" of Monsanto's patented genetically modified plant cells. By a 5-4 majority, the court ruled that it did. The Supreme Court also ruled 9-0 that Schmeiser did not have to pay Monsanto their technology use fee, damages or costs, as Schmeiser did not receive any benefit from the technology. The case drew worldwide attention and is widely misunderstood to concern what happens when farmers' fields are accidentally contaminated with patented seed. However, by the time the case went to trial, all claims of accidental contamination had been dropped; the court only considered the GM canola in Schmeiser's fields, which Schmeiser had intentionally concentrated and planted. Schmeiser did not put forward any defence of accidental contamination.

<span class="mw-page-title-main">Genetically modified crops</span> Plants used in agriculture

Genetically modified crops are plants used in agriculture, the DNA of which has been modified using genetic engineering methods. Plant genomes can be engineered by physical methods or by use of Agrobacterium for the delivery of sequences hosted in T-DNA binary vectors. In most cases, the aim is to introduce a new trait to the plant which does not occur naturally in the species. Examples in food crops include resistance to certain pests, diseases, environmental conditions, reduction of spoilage, resistance to chemical treatments, or improving the nutrient profile of the crop. Examples in non-food crops include production of pharmaceutical agents, biofuels, and other industrially useful goods, as well as for bioremediation.

<i>The Future of Food</i> 2004 American film

The Future of Food is a 2004 American documentary film written and directed by Deborah Koons Garcia to describe an investigation into unlabeled, patented, genetically engineered foods sold in grocery stores in the United States for the past decade. In addition to the US, there is a focus on Canada and Mexico.

Since the advent of genetic engineering in the 1970s, concerns have been raised about the dangers of the technology. Laws, regulations, and treaties were created in the years following to contain genetically modified organisms and prevent their escape. Nevertheless, there are several examples of failure to keep GM crops separate from conventional ones.

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Genetically modified food controversies are disputes over the use of foods and other goods derived from genetically modified crops instead of conventional crops, and other uses of genetic engineering in food production. The disputes involve consumers, farmers, biotechnology companies, governmental regulators, non-governmental organizations, and scientists. The key areas of controversy related to genetically modified food are whether such food should be labeled, the role of government regulators, the objectivity of scientific research and publication, the effect of genetically modified crops on health and the environment, the effect on pesticide resistance, the impact of such crops for farmers, and the role of the crops in feeding the world population. In addition, products derived from GMO organisms play a role in the production of ethanol fuels and pharmaceuticals.

Roundup Ready is the Monsanto trademark for its patented line of genetically modified crop seeds that are resistant to its glyphosate-based herbicide, Roundup.

The United States is the largest grower of commercial crops that have been genetically engineered in the world, but not without domestic and international opposition.

Genetically modified canola is a genetically modified crop. The first strain, Roundup Ready canola, was developed by Monsanto for tolerance to glyphosate, the active ingredient in the commonly used herbicide Roundup.

The Center for Food Safety (CFS) is a 501c3, U.S. non-profit advocacy organization, based in Washington, D.C. It maintains an office in San Francisco, California, and Portland, Oregon. CFS's mission is to empower people, support farmers, and protect the earth from the harmful impacts of industrial agriculture through groundbreaking legal, scientific, and grassroots action. It was founded in 1997.

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Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139 (2010), is a United States Supreme Court case decided 7-1 in favor of Monsanto. The decision allowed Monsanto to sell genetically modified alfalfa seeds to farmers, and allowed farmers to plant them, grow crops, harvest them, and sell the crop into the food supply. The case came about because the use of the seeds was approved by regulatory authorities; the approval was challenged in district court by Geertson Seed Farms and other groups who were concerned that the genetically modified alfalfa would spread too easily, and the challengers won. Monsanto appealed the district court decision and lost, and appealed again to the Supreme Court, where Monsanto won, thus upholding the original approval and allowing the seeds to be sold.

Bowman v. Monsanto Co., 569 U.S. 278 (2013), was a United States Supreme Court patent decision in which the Court unanimously affirmed the decision of the Federal Circuit that the patent exhaustion doctrine does not permit a farmer to plant and grow saved, patented seeds without the patent owner's permission. The case arose after Vernon Hugh Bowman, an Indiana farmer, bought transgenic soybean crop seeds from a local grain elevator for his second crop of the season. Monsanto originally sold the seed from which these soybeans were grown to farmers under a limited use license that prohibited the farmer-buyer from using the seeds for more than a single season or from saving any seed produced from the crop for replanting. The farmers sold their soybean crops to the local grain elevator, from which Bowman then bought them. After Bowman replanted the crop seeds for his second harvest, Monsanto filed a lawsuit claiming that he infringed on their patents by replanting soybeans without a license. In response, Bowman argued that Monsanto's claims were barred under the doctrine of patent exhaustion, because all future generations of soybeans were embodied in the first generation that was originally sold.

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<i>Percy</i> (2020 film) 2020 biographical film directed by Clark Johnson

Percy is a 2020 Canadian-American-Indian biographical drama film, directed by Clark Johnson from a screenplay by Garfield Lindsay Miller and Hilary Pryor. It stars Christopher Walken, Christina Ricci, Zach Braff, Luke Kirby, Adam Beach, Martin Donovan, Roberta Maxwell and Peter Stebbings. The film follows 70-year-old small-town Saskatchewan farmer Percy Schmeiser, who takes on a giant corporation after their GMOs interfere with his crops.

<span class="mw-page-title-main">Rapeseed oil</span> Vegetable oil

Rapeseed oil is one of the oldest known vegetable oils. There are both edible and industrial forms produced from rapeseed, the seed of several cultivars of the plant family Brassicaceae. Historically, it was restricted as a food oil due to its content of erucic acid, which in laboratory studies was shown to be damaging to the cardiac muscle of laboratory animals in high quantities and which imparts a bitter taste, and glucosinolates, which made many parts of the plant less nutritious in animal feed. Rapeseed oil from standard cultivars can contain up to 54% erucic acid.

References

  1. ↑ "Journeyman Pictures : documentaries : David Vs Monsanto". Journeyman.tv. Retrieved November 25, 2012.
  2. 1 2 3 Federal court of Canada. Monsanto Canada Inc. v. Schmeiser Date: 20010329 Docket: T-1593-98. Retrieved November 25, 2012.
  3. 1 2 "How Monsanto harasses farmers/GM-free zones for Oz". gmwatch.org. May 28, 2002. Retrieved October 24, 2020.
  4. ↑ "Monsanto Tangles With More Canadian Farmers On Licensing" . Retrieved June 3, 2022.
  5. ↑ "European criminal investigators closing in on Monsanto's "black ops" unit that targeted journalists, regulators and lawmakers". Monsanto News. Retrieved October 24, 2020.
  6. ↑ Canadian Supreme Court Decision Archived September 5, 2012, at the Wayback Machine
  7. ↑ "Christopher Walken, Christina Ricci in Winnipeg to shoot movie based on Sask. farmer's fight with Monsanto". CBC News. Retrieved October 24, 2020.
  8. ↑ Johnson, Clark (September 16, 2020), Percy (Biography, Drama), Pathy Aiyar, Monique Alvarez, Adam Beach, Zach Braff, Inferno Pictures Inc., May Street Productions, Scythia Films, retrieved October 24, 2020
  9. ↑ McNary, Dave (September 5, 2018). "Film News Roundup: Christopher Walken, Christina Ricci to Star in Farming Drama 'Percy'". Variety. Retrieved October 24, 2020.
  10. ↑ Adrian Ewins for the Western Producer. August 19, 1999 Legal battle over patented canola set for next June
  11. ↑ Peter W. B. Phillips. Farmers' Privilege and Patented Seeds. Chapter 3 in Accessing and Sharing the Benefits of the Genomics Revolution eds. Peter W. B. Phillips, Chika B. Onwuekwe. Springer, 2007
  12. ↑ Sean Pratt for the Western Producer. June 30, 2005 Schmeisers lose again to Monsanto in GM case
  13. ↑ Sean Pratt for the Western Producer. May 31, 2007 by Sean Pratt Schmeiser renews Monsanto battle
  14. ↑ Hartley, Matt (March 20, 2008). "Grain Farmer Claims Moral Victory in Seed Battle Against Monsanto". The Globe and Mail. Retrieved November 16, 2009.
  15. ↑ "SASKATCHEWAN ELECTION RESULTS BY ELECTORAL DIVISION" (PDF). Archived from the original (PDF) on October 28, 2006. Retrieved June 3, 2022.
  16. ↑ "Percy and Louise Schmeiser". Right Livelihood Award. Retrieved October 14, 2020.
  17. ↑ "Flying high: Saskatchewan flag celebrates 50 years". Regina Leader Post. Retrieved October 24, 2020.
  18. ↑ "Right Livelihood Award: 2007 – Percy & Louise Schmeiser". Rightlivelihood.org. Archived from the original on October 10, 2007. Retrieved October 3, 2007.
  19. ↑ "Percy Schmeiser, farmer known for fight against Monsanto, dead at 89". CBC. Retrieved October 14, 2020.
  20. ↑ Acres USA (January 2002). "Facing Down Goliath: One Farmer's Battle with a GM Giant". Acres USA. 32 (1): 28.
  21. 1 2 "Monsanto vs Schmeiser". Percyschmeiser.com. Archived from the original on February 6, 2009. Retrieved November 25, 2012.
  22. ↑ Morgan Spurlock Presents on May 30, 2004 :The Future of Food
  23. ↑ FluxRostrum on June 12, 2005 Fluxview USA: GMO Monsanto vs Percy Schmeiser
  24. ↑ "Percy Schmeiser vs Monsanto: The Story of a Canadian Farmer's Fight to Defend the Rights of Farmers and the Future of Seeds". Democracy Now! . Retrieved June 3, 2022.
  25. ↑ World Cat Percy Schmeiser : David versus Monsanto. My father's garden. Sekem : born of the sun
  26. ↑ Enlightened Consciousness Seeds of Death: Unveiling the Lies of GMO’s – FULL MOVIE Yvonne Holterman – April 4, 2015
  27. ↑ "Seeds of Death, Unveiling the Lies of GMOs – Dharma Documentaries". July 5, 2013. Retrieved October 24, 2020.
  28. ↑ Edward Goldsmith Website Seeds of Freedom (2012) by The Editors · June 15, 2012 Archived September 23, 2015, at the Wayback Machine
  29. ↑ "New film 'Seeds of Freedom' raises global voices against GM | Pambazuka News". Pambazuka News . March 5, 2016. Retrieved June 3, 2022.

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