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 The certified organic farmers of Saskatchewan are asking the Supreme Court of Canada to hear their appeal of the Saskatchewan Court of Appeal's decision denying them class certification in their legal action against Monsanto Canada and Bayer CropScience.
They have been engaged in this legal action against Monsanto Canada and Bayer Cropscience since 2002. They are seeking compensation for losses due to contamination of organic crops and fields by the two companies' genetically modified (GMO) canolas—Roundup Ready and Liberty Link. Organic food is the fastest growing market in North America. The people want it—we can't let these corporations take it away from us by wantonly contaminating organic crops with their GMOs. In his Memorandum of Argument (pdf), Lawyer Terry Zakreski states: This case seeks to ask whether biotechnology companies incur responsibility when their patented genetically modified seed, pollen and plants infiltrate farmland, causing harm. While Monsanto Canada Inc. v. Schmeiser confirmed that these companies have significant exclusive rights to GMO seed and plants—the question remains whether they have any corresponding duties.
The organic farmers also say that the Saskatchewan courts too readily swept aside their causes of action and thereby effectively deprived them of our day in court. Furthermore, the Saskatchewan courts appear to have taken a rather narrow and restrictive interpretation of the Saskatchewan Class Actions Act that will potentially impair the remedial aims of class action legislation in Saskatchewan and elsewhere—particularly involving environmental claims. Right now, there is a situation where farmers cannot grow certified organic canola in Saskatchewan except in very isolated locations. Farmers face losing thousands and thousands of dollars each year if a crop such as certified organic mustard, clover or flax is contaminated by volunteer GMO canola plants or seeds. If GMO canola is found in a certified organic field all of it must be removed by hand before it goes to seed. If the GMO contamination is too great to control by hand-weeding, the whole crop may have to be destroyed to prevent the GMO from going to seed. Recently in the USA the Federal Court upheld and made permanent an injunction to stop Monsanto's GMO alfalfa from being grown in that country. This decision was based on the fact that GMO alfalfa had not undergone a proper environmental assessment, and that it would cause harm to organic farmers by contaminating their alfalfa. The issues in the American case are very similar to the points we will go to trial on if our case is granted class action status by the Supreme Court of Canada. As consumers, many are seeking out organic products in the grocery store as a way to avoid foods made with GMOs. People understand the importance of protecting our food and upholding the right to eat GMO free, as well as the right to farm GMO free. The organic farmers are pursuing their liability action under the Class Actions Act of Saskatchewan—legislation that allows people who have common issues to work together. If they are successful in their application to the Supreme Court they will be able to argue that their case meets the requirements of the Class Actions Act. If the Supreme Court agrees, they will then be able to go to trial on the liability issues. The Organic Agriculture Protection Fund Committee is raising money to support this precedent-setting legal action. The OAPF is a special committee of the Saskatchewan Organic Directorate, the registered non-profit corporation that represents certified organic producers, processors and consumers in Saskatchewan. All OAPF funds are collected and accounted for separately from SOD's general revenues. The legal action could not have come this far without the ongoing and generous support of the public. OAPF is asking for help in keeping their case alive. As plaintiff Larry Hoffman said, "We have to appeal to the Supreme Court because the lower court decisions as they stand make it futile for the common person to make a claim." According to Dale Beaudoin, also a plaintiff in the case,"Sometimes when you want to get action with people, you don't get anywhere until you go to the boss," says Dale. "By putting forth our application for leave to appeal to the Supreme Court we are now going to the top. " Making the Links Radio showcased Saskatchewan organic farmers attempts to hold biotech companies liable in 2002, to check out that show click here. More information about the case is located on the Saskatchewan Organic Farmers website at www.saskorganic.com/oapf. |
