Sasketchewan organic farmers take class action

On 10 January 2002 at Saskatchewan’s Court of Queen’s Bench a statement of claim was filed by two farmers on behalf of all organic grain farmers in the province(1). This suit calls for:

• compensation for the damage caused to certified organic farmers resulting from the introduction of genetically engineered (GE) canola (oil seed rape) into the rural environment
• an injunction to prevent the introduction of GE wheat

The suit names Monsanto Canada and Aventis Canada. Monsanto sells GE Roundup Ready canola and Aventis sells GE Liberty Link canola. In 1998 Monsanto began confined field trials of GE wheat tolerant to its patented herbicide Roundup (glyphosate) and is preparing to introduce it as a commercial crop as early as 2004. 
    This case is not only of great significance to the organic industry but is also a precedent-setting legal case for the province. On 16 April, Monsanto and Aventis brought a court application asking to be relieved of the obligation to file Defences at that stage of the proceedings. Although the hearing was in Sasketchewan province, the companies’ lawyer argued that this would not be necessary in Ontario. The lawyer for the farmers argued that a precedent had been established in British Colombia, and that the companies’ Defences would serve a number of important functions: identify common issues; require the admission of allegations; assist in presenting the facts. Further, he argued that the farmers had provided extensive details, and the Defendants were well aware of the particulars of their claim(2). 

What is at stake?

• The right to grow organic crops. Organic certification standards prohibit genetically modified/engineered organisms. Customers demand a zero tolerance level for GE contamination. The claim alleges that GE canola has spread uncontrollably so that prairie organic farmers can no longer grow GE free canola.
• The right to serve organic markets. The claim alleges that organic farmers in Saskatchewan have lost the opportunity to sell certified organic canola which returns premium prices. This is a significant economic loss to farmers and the prairie economy.
• The right to eat GMO free food. The case shows GE crops cannot be segregated. If GE wheat is introduced it will become part of the daily bread, whether or not consumers want it.
• The right to farm organically. Wheat is the foundation of agriculture in Saskatchewan. If certified organic farmers lose the crop due to GE contamination, it will be nearly impossible to operate an organic farm. 

Organic agriculture is a beacon of hope for prairie farming. It is growing, profitable, and healthy, and it supports farm families and rural communities.
    In a recent development(3), a study by Agriculture and Agri-Food Canada (AAFC) has shown that it is impossible for seed growers to guarantee to supply seed without GMO contamination. In one case, contamination was as high as 7.2%. Certified organic farmers are highly unlikely to be able to produce a crop free of RoundUp Ready or Liberty Link contamination. The Canadian Seed Growers Association (CSGA) maintains that the study was merely preliminary and not statistically significant. However, the research scientists who carried out the study state that the sample size was large enough to give a 99% confidence level that buyers would find the same level of contamination in seed stocks. (SF)

1. This Statement of Claim is at www.saskorganic.com
2. The Act is available on www.qp.gov.sk.ca
3. http://www.saskorganic.com/oapf_press_releases.htm

[This article first appeared in Pesticides News No. 57, September 2002, page 19]