Highlights from 2006
Appeal hearing held December 11, 2006
Our Appeal Hearing was heard by The Honourable Mr. Justice S. J. Cameron, The Honourable Madam Justice M. A. Gerwing and The Honourable Mr. Justice N. W. Sherstobitoff of the Saskatchewan Court of Appeal on December 11, 2006. We appealed the Order of Honorable Justice G.A. Smith of the Court of Queen's Bench dated May 11, 2005, dismissing the our application to certify our action as a class action under the Class Actions Act of Saskatchewan. We maintain that the Chambers Judge applied an overly rigorous test to the issue of class certification, particularly in light of recent Ontario cases. Furthermore, the Chambers Judge became unnecessarily enmeshed in the factual controversy of the case when determining whether to certify as a class.
The Appellants' Factum (pdf 2.7 M) outlines the arguments made in our Appeal.
The lower court judge ruled that the farmers had causes of action under The Environmental Management and Protection Act 2002, The Environmental Assessment Act, as well as meeting some of the requirements to be a legally actionable nuisance. Even though Monsanto and Bayer did not cross appeal these determinations, they attempted to challenge them in their legal briefs. Terry Zakreski, our legal counsel, asked for, and was given leave to file a further legal brief in response. His arguments were filed on January 3, 2007. Bayer and Monsanto were given a week in which to respond to our arguments.
- Appellants’ reply factum (pdf 976Kb)
- Read the press release (MSWord 28Kb)
- Canola crop battle hits Court of Appeal (Leader Post article 52K pdf)
Environmental groups denied intervenor status
- Mr. Justice Cameron's decision (pdf 332KB)
- "Groups seek intervenor status" (msword 24k)
- "Environment groups lose bid for status at farmers' appeal" (msword 24k)
Environmental groups seek intervenor status
The Saskatchewan Environmental Society and Friends of the Earth Canada have applied for intervenor status in our appeal hearing. Their application will be heard on November 22, 2006 at 10 AM in Court Room 7 at the Court of Appeal in Regina.
Download news article (msword .doc)The Appeal Hearing itself is scheduled for December 11 and 12, 2006, Court Room 7 at the Court of Appeal in Regina.
SOD is calling on the government of Canada to protect certified organic agriculture from contamination by genetically modified alfalfa, which has recently been approved for food and feed safety and environmental release by the CFIA. It has been approved for commercial release in the USA but not in Canada.