Canadian farmers legal action against Monsanto    

Further developments in claims by organic farmers on canola and wheat: Canadian farmers are aiming for class action on losses arising from the introduction of GM canola.

In January 2002 a claim was made by two organic canola (oilseed rape) farmers regarding losses caused by the introduction of genetically modified (GM) canola into Canada. The farmers (see PN57 p19) also called for a ban on GM wheat¹. In February this year, the case continued with the hearing of an application from Monsanto and Aventis who were trying to ‘strike’ evidence from the farmers’ application². The two companies were claiming that affidavits submitted by the plaintiffs contained information that was ‘inadmissible and/or irrelevant and/or polemic and scandalous’.
    Some of these affidavits were rejected as supporting documents but not because of the contents. In the case of statements from Dr Mae Wan Ho, for example, the judgement called for the evidence to be presented directly in court rather than as a supporting statement³. Dr Ho’s statement concerns ‘the health and environmental hazards’ of GM crops such as gene flow, horizontal gene transfer and possible human health impacts. Monsanto and Aventis alleged that this affidavit was not relevant to the case which is based on loss of earnings. They also questioned Dr Ho’s expertise in the matter. 
    The conclusion reached at this hearing was that the affidavit is relevant and that its arguments cannot be dismissed on the grounds of lack of expertise. However, the judge ruled that allowing it to stand would lead to opposing affidavits by Monsanto and Aventis which would delay and complicate the case – hence the ruling that Dr Mae Wan Ho be called as an expert witness at a later stage. 
    The farmers are also applying for the case to become a class action for all farmers who have suffered financial losses from the introduction of GM canola. The following is the basis of the class action: 

• losses due to the introduction of GM canola are over $14 million 
• the organic premium value for Saskatchewan organic hard red spring wheat is estimated at over $170 million over the next decade; if GM wheat is introduced, losses in the order of $85 million from the EU alone could occur within this same period 
• because wheat is so important on Saskatchewan organic farms, the introduction of GM wheat ‘... will also cause the decline if not the demise of the Saskatchewan organic industry.’⁴ (SF)

1. Van Acker, RC, Brule Babel, AL and Friesen, LF, An environmental safety assessment of Roundup Ready® wheat: risks for direct seeding systems in western Canada, 2003, 36pp, www.cwb.ca/en/
topics/biotechnology/report/pdf/070803a.pdf. 
2. Judge Smith ruling, 10 April 2003, www.saskorganic.com/oapf/pdf/smith-fiat-10apr03.pdf 
3. Ibid.
4. Saskatchewan Organic Directorate Organic Agriculture Protection Fund, www.saskorganic.com/oapf/index.html

[This article first appeared in Pesticides News No. 62, December 2003, page 15]