SASK., Oct. 20, 2004 -- CropChoice news -- CBC News,
10/19/04: Chemical giant Monsanto is facing
a second legal rendez-vous with a Saskatchewan farm
family that took a battle over genetically modified
canola to the Supreme Court of Canada.
Louise Schmeiser has filed papers with a small claims
court in Humboldt, Sask., seeking $140 in damages from
Schmeiser says that is what it cost her to remove a
number of Monsanto's Roundup Ready Canola plants from
her organic garden and a grove of trees on the family's
That's the same kind of canola that landed Louise's
husband Percy in a seven-year legal fight against Monsanto.
Seven years ago, the company accused him of growing
its genetically-modified canola without a licence. Schmeiser
admitted all along that Monsanto's canola was growing
on his land, but argued that it had blown there from
neighboring fields or passing seed trucks.
Monsanto finally won the case in May, as the Supreme
Court of Canada ruled that it can control the use of
its canola plant because it holds a patent on a gene
in its seed that allows it to survive the spraying of
the pesticide Roundup.
Percy Schmeiser is acting as his wife's legal counsel
in the latest court action.
"Monsanto said that if anyone sprays Roundup on
any plant and it doesn't die ... they will come and
remove it," he said this week. "They failed
to do it."
The case has been adjourned until next March.
"The Supreme Court ruled Monsanto owns and controls
the gene, so the liability issue now follows the flow
of the gene," says Schmeiser. "Monsanto is
totally liable for contamination and pollution of anybody's
Monsanto representatives refused to comment on the