Organic Agriculture Protection Fund
Latest news
Welcome to the SOD Organic Agriculture Protection Fund Website!
Saskatchewan's certified organic farmers are taking Monsanto and Bayer Crop Science to court in a precedent setting class action lawsuit to stop genetically engineered wheat and to get compensation for losing canola as a crop due to genetic contamination.
- get updates on the progress of the case and lobbying efforts
- find out more about how you can help
- learn more about organic agriculture in Saskatchewan and why this case is so important
- find out what the media and supporters are saying.
In December 2002, Monsanto applied simultaneously to the Canadian and American regulatory systems for approval to release Roundup Ready wheat as a commercial crop. In May 2004, after massive opposition from farmers, consumers and international wheat customers, Monsanto issued a press release saying the company would not proceed with commercializing Roundup Ready wheat at this time. On June 21, 2004 we learned that Monsanto has withdrawn its application for Roundup Ready wheat approval in Canada. However, the company indicated that it may introduce a genetically engineered wheat with other traits some time in the future so vigilance is still necessary.
Latest news
David Suzuki benefit lecture a great success
17 May 2005
Photos by George Douklias.
More photos in the Photo Gallery.
On April 25, 2005 close to 1,000 people streamed into the Centre of the Arts in Regina, Saskatchewan to hear Dr. David Suzuki's talk, "The Genetic Revolution: Putting Biotechnology in its Place" in support the Organic Agriculture Protection Fund. Ian Mauro began the evening with clips from his forthcoming film about the legal action to provide background information to the audience.
What organic farmers have said is genetically engineered organisms (GMOs) represent a kind of technology we do not want to incorporate into our food growing, and I support that,
Suzuki said.
Suzuki's talk was passionate and inspired, and was answered with a prolonged standing ovation from the audience.
Earlier that day Suzuki and members of the OAPF Committee held a press conference. Suzuki also met with Saskatchewan's Environment Minister, David Forbes prior to the lecture.
Dr. Suzuki's talk was video-recorded, and is for sale as a DVD which includes clips in Mauro's soon-to-be released film on the SOD OAPF case, "Battling the Biotech Gene Giants." Proceeds from the sale of the DVD will go to support the farmers' legal action. Contact us to order a copy.
- 'Rush to exploit biotechnology' concerns Suzuki (Leader Post/Star Phoenix article PDF 40K)
- Suzuki urges more study on GM foods (Western Producer article PDF 48K)
- Event Poster (pdf 488k)
- David Suzuki Foundation
Position Paper
14 March 2005The Saskatchewan Organic Directorate has developed a Position Paper on Proposed Changes to the Plant Breeders Rights Act and submitted it to the Canadian Food Inspection Agency. Read the full document here. (pdf 88k)
Court hears farmers' bid for class certification in GMO liability case
Saskatchewan's certified organic farmers took a big step forward with their recent class certification hearing, November 1, 2 and 3. Judge Jean Ann Smith heard from Terry Zakreski, legal counsel for the farmers arguing in favour of having the legal action certified as a class action under the Saskatchewan Class Action Act. Lawyers for Monsanto and Bayer argued against certification. If certified, this case will proceed to trial in order to settle issues of liability for losses due to genetic contamination of certified organic crops and fields as a result of contamination by Roundup Ready Canola and Liberty Link Canola.
Read more. (PDF 167KB)
Certification Hearing delayed!
Monsanto and Bayer requested and were granted an adjournmentof the Class Certification Hearing for the legal action Hoffman et al. v Monsanto and Bayer, which was to have been held on September 14 and 15, 2004.
See media advisory. PDF 131KB
GE Wheat pulled, focus shifts to liability issues
Monsanto has dropped its plans to introduce Roundup Ready wheat. On June 19, 2004 Monsanto withdrew its application for regulatory approval of Roundup Ready wheat in Canada and the USA, after having announced in May that they were dropping plans to commercialize the crop. This is in no small part due to our legal action and widespread citizens' opposition to GE wheat.
We are exceedingly pleased that the immediate threat of GE wheat has been lifted. As a result, we will not be proceeding with our injunction against Roundup Ready wheat at this time, since it is no longer an imminent threat. However, we remain vigilant and are prepared to act if Monsanto or any other company moves to introduce GE wheat.
Our legal action is now able to focus on the Monsanto and Bayer's liability for GE canola contamination. According to the Canadian Supreme Court decision in the Schmeiser vs. Monsanto decision, biotech companies are entitled to monopoly rights over their patented genes wherever the genes occur. We assert that these companies must also be liable for losses that result from the unwanted presence of these patented genes. We've lost the right to grow canola, and now the right to save our own seed is being threatened.
This case has been described as a potential "tidal wave" Our case is generating a lot of interest in legal circles. Professor Jane Glenn from McGill University wrote "the issue of corporate responsibility for wrongs is now squarely before the courts, in Hoffman v. Monsanto Canada Inc. This case has been described as a potential "tidal wave" compared to the "legal ripple" of Schmeiser." in her article, Genetically Modified Crops in Canada: Rights and Wrongs.
In Liability for the Release of GMOs into the Environment: Exploring the Boundaries of Nuisance Professor Christopher Rodgers, University of Wales in Aberystwyth, wrote: "The decision in Hoffman Farms will be eagerly awaited, and may have major implications for plans to license GM crops for commercial exploitation in the UK. Whatever the outcome, the Canadian litigation will throw into sharp relief the issues surrounding environmental liability for GMO contamination, and the potential use of tort law to modulate property rights and risk where the introduction of GM crops is involved."
Monsanto pulls RR Wheat Application
On June 21, 2004 we learned that Monsanto has withdrawn its application to have RR Wheat approved in Canada and the USA, except for FDA Health approval in the USA. This is a huge victory for all of us who have fought to protect wheat from genetic contamination. We will continue to monitor developments in genetic engineering and take steps to prevent another company from bringing any other type of GE wheat forward as well.
Read more. (PDF 295KB)
Supreme Court Decision on Monsanto v. Schmeiser
On May 21, 2004 the Court narrowly decided in favour of Monsanto in it's patent infringement suit against Saskatchewan farmer, Percy Schmeiser. The 5-4 ruling allows biotech corporations monopoly control over seeds, plants and their progeny on the basis that they consist of cells that contain patented genes - either intentionally or as a result of GMO contamination.
Read the full SOD OAPF Press Release (PDF 135KB)
Denmark Hearings
On May 11, 2004 OAPF Committee member, Cathy Holtslander made a presentation to the Danish Parliament's Agriculture Committee at hearings examining their proposed legislation on co-existence.
Read Cathy's paper.(PDF 120KB)
Full transcripts of the hearing.
Monsanto backs off
Monsanto issued a press release on May 10, 2004 indicating it is putting plans to introduce Roundup Ready wheat on hold, but is not abandoning its pursuit of regulatory approval.
Read the SOD OAPF Press Release. (PDF 120KB)
GM Free Zones Conference
On April 16 and 17, 2004 OAPF Committee member, Marc Loiselle was a speaker at the 2nd Annual conference on GM-free zones in Asti, Italy.
Artisan Bread Tour by Heritage Wheat Presidia
The Slow Food Movement is promoting Red Fife wheat. Hear more on CBC's "Food for Thought" (scroll down to "Heritage wheat").
Affidavits upheld
On February 26, 2004 there was Court hearing on motions by Monsanto and Bayer to strike certain affidavits in support of the recent amendments to our claim. Monsanto applied to strike the affidavits of Marc Loiselle, Bob Willick, Martin Pratchler, Douglas Sawatsky and Brian Kozisek, and dealt with each in some detail. Bayer moved to strike portions of affidavits by Willick and Pratchler. Judge Smith ruled in our favour, and did not strike any of the affidavits.
See her ruling.(pdf 99k)
Claim Amended
On February 2, 2004 we amended our statement of claim to include compensation for the ongoing costs of removing genetically engineered canola from certified organic farmers fields and seed supplies, to include as members of the class all certified organic farmers as of the date of class certification, and to reflect the fact that Bayer CropScience Inc. has taken over Aventis. See the revised statement of claim. (PDF 780KB)
The defendants did not contest the amendment to our claim, but they did wish to strike some of the affidavits we submitted in its support. The Court will hear their arguments on February 26. Due to time constraints of the Court and lawyers, our class certification hearing is scheduled to be held May 17 and 18, 2004. The Court is located on Spadina Crescent in Saskatoon, and proceedings are open to the public.
The OAPF Committee welcomed news in January 2004, that the government of Canada has ended its contract with Monsanto which would have provided the government with royalties from sales of Roundup Ready Wheat.
See our press release. (PDF 15KB)
Highlights from 2003
On December 5, 2003 there was hearing to consider motions by Monsanto and Bayer to cross examine a number of our affiants (witnesses). We opposed cross-examination, as our legal counsel argued that such cross-examination would be unnecessary for deciding upon certification, and would cause delays. However, Judge Smith ruled that the defendants would be allowed to cross-examine. Read Judge Smith's ruling. (PDF 474KB)
On August 6, 2003 Judge Smith established a timetable (PDF 55KB) leading up to the certification hearing for our class action.
On August 7, 2003 Judge Smith issued her decision (PDF 43KB) regarding Monsanto's objection to Larry Hoffman's reference to Dr. Mae Wan Ho's affidavit in our certification application materials. She clearly stated that Dr. Mae Wan Ho's Report was properly before the Court and once again dismissed Monsanto's effort to exclude it.
Contamination of certified organic fields by genetically engineered canola is becoming a very serious issue. Pat Neville, a certified organic pedigreed seed grower, faces severe economic consequences as a result of GMO canola blowing into his fields. The costs of removing the plants and the implications for his certified organic status are of grave concern. Read more.
Our case continues to attract international attention. In July 2003, Michael Meacher, former UK Minister of Environment toured Canada to learn about the effects of GMO crops on farmers, and to assess whether or not co-existence between GMO and non-GMO farming is possible. He made a special visit to Saskatchewan to meet with organic farmers and to learn about our legal action.
In May we had a visit from the state of Western Australia's parliamentary committee investigating the impact of GE crops on all parts of the agriculture sector in North America. A few days after they returned to Australia we heard that all of the Australian states have decided to uphold their moratorium against GMO crops.
The films "Deconstructing Supper" and "Slice of Life: The case against GE wheat" were shown at the Mayworks 2003 film festival in Saskatoon. Doug Bone spoke and a collection was taken up. Proceeds were donated to the OAPF fund.
On April 28, Arnold Taylor (SOD OAPF committee), Terry Zakreski (class counsel), and Patrick Venditti (Greenpeace) were the keynote speakers at an OAPF fund-raising gourmet dinner held at the Toronto restaurant "Crush". The dinner was organized with Greenpeace's help by Michael Stadtlander, one of Toronto's top chefs, and seven of his fellow super chefs. It was a huge success and a great deal of thanks is owed to Mr. Stadtlander and his colleagues!
In March 2003 Bob Willick toured Australia and New Zealand as the guest of the organic farmers organizations Down Under. He was speaking out against the introduction of GMO canola over there, letting farmers there know what has happened in western Canada.
In January, 2003 Arnold Taylor returned to the UK to speak about our class action at the British Soil Association's 15th National Conference on organic food and farming.
The Canadian Wheat Board has asked SOD for a statement in support of their paper: "Conditions for the Introduction of GM Wheat." Read SOD's response. (PDF 30KB)