Percy Schmeiser
Encyclopedia
Percy Schmeiser is a farmer
from Bruno
, Saskatchewan
, Canada
. He specializes in breeding
and growing canola
. He became an international symbol and spokesperson for independent farmers' rights and the regulation of transgenic crops
during his protracted legal battle with agrichemical
company Monsanto Company. He was the subject of the 1999 film David Versus Monsanto.
For the next several years, the case travelled through the Canadian court system. Meanwhile, Schmeiser became an international symbol and spokesperson for the movement against the genetic engineering
of food. He accepted speaking engagements, and received donations for his defense fund, from around the world. Ultimately, a Supreme Court 5-4 ruling found in favor of Monsanto of their patent being valid and if there was infringement.
The publicity around the case focused on whether Monsanto would be held responsible for “genetic engineering crop contamination”. This issue was, in explicit fact, not considered by the courts. The patent infringement finding was based solely on the determination that Schmeiser had recognized the cross-contamination, and knowingly went on to collect the crossbred seed, then replant and harvest it the next year. No punitive damages or the costs of the technology use fee were awarded to Monsanto, as the Supreme Court also ruled 9-0 in Schmeiser's favor that his profits were exactly the same with or without the presence of the Roundup Ready Canola.
In 2005, more Roundup Ready Canola plants appeared in Schmeiser's fields. Schmeiser and his wife sent Monsanto a bill for $660 in cleanup costs. Monsanto offered to pay the costs with the stipulation that the Schmeisers sign a release stating they would not discuss the terms of the agreement; Percy described this release as a gag order
. Schmeiser refused to sign, and filed a lawsuit in small claims court for the same amount. On March 19, 2008 Monsanto settled out of court, paying the $660 without stipulation.
.
Schmeiser served as mayor
of Bruno
from 1966 to 1983, and also as member of the Legislative Assembly of Saskatchewan
for the Watrous constituency for the Liberal Party of Saskatchewan from 1967 to 1971. Schmeiser has served as a town councillor of Bruno
since 2003 and currently serves as the deputy mayor.
Schmeiser was the recipient of the Merit Award for Dealer of the Year in 1984 by the Saskatchewan Manitoba Implement Dealers Association. He was appointed to Saskatchewan's Real Estate Commission in 1993 and served until 1999. In 2000, he received the Mahatma Gandhi Award for working for the good of mankind in a non-violent way. In 2007, Percy Schmeiser and Louise Schmeiser were named winners of the Right Livelihood Award
(also known as the Alternative Nobel Prize) :
Farmer
A farmer is a person engaged in agriculture, who raises living organisms for food or raw materials, generally including livestock husbandry and growing crops, such as produce and grain...
from Bruno
Bruno, Saskatchewan
-Notable Names:Tyler Weiman -Notable Names:Tyler Weiman -Notable Names:Tyler Weiman (Professional Ice Hockey Goaltender for the Manitoba Moose of the American Hockey League-External links:...
, Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. He specializes in breeding
Plant breeding
Plant breeding is the art and science of changing the genetics of plants in order to produce desired characteristics. Plant breeding can be accomplished through many different techniques ranging from simply selecting plants with desirable characteristics for propagation, to more complex molecular...
and growing canola
Canola
Canola refers to a cultivar of either Rapeseed or Field Mustard . Its seeds are used to produce edible oil suitable for consumption by humans and livestock. The oil is also suitable for use as biodiesel.Originally, Canola was bred naturally from rapeseed in Canada by Keith Downey and Baldur R...
. He became an international symbol and spokesperson for independent farmers' rights and the regulation of transgenic crops
Agriculture
Agriculture is the cultivation of animals, plants, fungi and other life forms for food, fiber, and other products used to sustain life. Agriculture was the key implement in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that nurtured the...
during his protracted legal battle with agrichemical
Agrichemical
Agrochemical , a contraction of agricultural chemical, is a generic term for the various chemical products used in agriculture. In most cases, agrichemical refers to the broad range of pesticides, including insecticides, herbicides, and fungicides...
company Monsanto Company. He was the subject of the 1999 film David Versus Monsanto.
Monsanto v. Schmeiser
In 1997, Monsanto's genetically modified “Roundup Ready Canola” plants were found in Percy Schmeiser's field. In spring 1998, before Schmeiser planted his 1998 crop, he was informed that Monsanto believed that he had grown Roundup Ready canola in 1997. In the summer of 1998 the canola in Schmeiser's fields was found to be Roundup Ready canola. After this, Monsanto sued Schmeiser for patent infringement.For the next several years, the case travelled through the Canadian court system. Meanwhile, Schmeiser became an international symbol and spokesperson for the movement against the genetic engineering
Genetic engineering
Genetic engineering, also called genetic modification, is the direct human manipulation of an organism's genome using modern DNA technology. It involves the introduction of foreign DNA or synthetic genes into the organism of interest...
of food. He accepted speaking engagements, and received donations for his defense fund, from around the world. Ultimately, a Supreme Court 5-4 ruling found in favor of Monsanto of their patent being valid and if there was infringement.
The publicity around the case focused on whether Monsanto would be held responsible for “genetic engineering crop contamination”. This issue was, in explicit fact, not considered by the courts. The patent infringement finding was based solely on the determination that Schmeiser had recognized the cross-contamination, and knowingly went on to collect the crossbred seed, then replant and harvest it the next year. No punitive damages or the costs of the technology use fee were awarded to Monsanto, as the Supreme Court also ruled 9-0 in Schmeiser's favor that his profits were exactly the same with or without the presence of the Roundup Ready Canola.
Schmeiser v. Monsanto
On August 11, 1999, Schmeiser sued Monsanto for ten million dollars for "libel, trespass, and contamination of his fields with Roundup Ready Canola". However, that suit went nowhere.In 2005, more Roundup Ready Canola plants appeared in Schmeiser's fields. Schmeiser and his wife sent Monsanto a bill for $660 in cleanup costs. Monsanto offered to pay the costs with the stipulation that the Schmeisers sign a release stating they would not discuss the terms of the agreement; Percy described this release as a gag order
Gag order
A gag order is an order, sometimes a legal order by a court or government, other times a private order by an employer or other institution, restricting information or comment from being made public.Gag orders are often used against participants involved in a lawsuit or criminal trial...
. Schmeiser refused to sign, and filed a lawsuit in small claims court for the same amount. On March 19, 2008 Monsanto settled out of court, paying the $660 without stipulation.
Other accomplishments
Percy Schmeiser married Louise Schmeiser in October 1952 and they have celebrated their 50th wedding anniversaryWedding anniversary
-Official recognition:In the Commonwealth realms, one can receive a message from the monarch for 60th, 65th, and 70th wedding anniversaries, and any wedding anniversary after that...
.
Schmeiser served as mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
of Bruno
Bruno, Saskatchewan
-Notable Names:Tyler Weiman -Notable Names:Tyler Weiman -Notable Names:Tyler Weiman (Professional Ice Hockey Goaltender for the Manitoba Moose of the American Hockey League-External links:...
from 1966 to 1983, and also as member of the Legislative Assembly of Saskatchewan
Legislative Assembly of Saskatchewan
The 25th Legislative Assembly of Saskatchewan was in power from 2003 until November 20, 2007. It was controlled by the Saskatchewan New Democratic Party under premier Lorne Calvert.-Members:-By-elections:...
for the Watrous constituency for the Liberal Party of Saskatchewan from 1967 to 1971. Schmeiser has served as a town councillor of Bruno
Bruno, Saskatchewan
-Notable Names:Tyler Weiman -Notable Names:Tyler Weiman -Notable Names:Tyler Weiman (Professional Ice Hockey Goaltender for the Manitoba Moose of the American Hockey League-External links:...
since 2003 and currently serves as the deputy mayor.
Schmeiser was the recipient of the Merit Award for Dealer of the Year in 1984 by the Saskatchewan Manitoba Implement Dealers Association. He was appointed to Saskatchewan's Real Estate Commission in 1993 and served until 1999. In 2000, he received the Mahatma Gandhi Award for working for the good of mankind in a non-violent way. In 2007, Percy Schmeiser and Louise Schmeiser were named winners of the Right Livelihood Award
Right Livelihood Award
The Right Livelihood Award, also referred to as the "Alternative Nobel Prize", is a prestigious international award to honour those "working on practical and exemplary solutions to the most urgent challenges facing the world today". The prize was established in 1980 by Jakob von Uexkull, and is...
(also known as the Alternative Nobel Prize) :
"... for their courage in defending biodiversity and farmers' rights, and challenging the environmental and moral perversity of current interpretations of patent laws."
Quotes
"Now, at 70, I am involved with this fight with Monsanto. I stood up to them because a farmer should never give up the right to use his own seed. I felt very strongly about it because my grandparents came here from EuropeEuropeEurope is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
in late 1890s and early 1900s to open this land, to be freeFreedom (political)Political freedom is a central philosophy in Western history and political thought, and one of the most important features of democratic societies...
, and to grow what they wanted to grow. Now we are going back to a feudal system that they left because they were not free—basically we are becoming serfSERFA spin exchange relaxation-free magnetometer is a type of magnetometer developed at Princeton University in the early 2000s. SERF magnetometers measure magnetic fields by using lasers to detect the interaction between alkali metal atoms in a vapor and the magnetic field.The name for the technique...
s of the land." — Percy Schmeiser in an interview with Acres USA
"Farmers should be concerned about this judgment as they now may lose their ability to continue with this practice. I believe that this ruling is an injustice and Parliament must act to ensure that farmers' rights are protected. The playing field between farmer rights and the bio-tech companies rights has been tilted towards the companies with this decision."
"I have always campaigned on the right of a farmer to save and re-use his own seed. This is what I have been doing for the last 50 years. I will continue to support any efforts to strengthen the rights of a farmer to save and re-use his own seed."
External links
- Percy Schmeiser's web site
- Timeline of Percy Schmeiser v. Monsanto Company case
- trial ruling, Federal Court of Canada
- appeal ruling, Federal Court of Appeal
- Supreme Court decision
- Percy Schmeiser speaks at Biodemocracy - 51 minutes
- Rounding up the Schmeiser Case: Benefit and Liability Issues of Transgenic Crops - a review from the Science Creative Quarterly
- Indepth: Genetic Modification - Percy Schmeiser's battlel Summary of the case 5:4 decision
- Monsanto - For the Record
- The Conflict by Percy Schmeiser
- Percy Schmeiser vs Monsanto: And the Future of Seeds - video report by Democracy Now!Democracy Now!Democracy Now! and its staff have received several journalism awards, including the Gracie Award from American Women in Radio & Television; the George Polk Award for its 1998 radio documentary Drilling and Killing: Chevron and Nigeria's Oil Dictatorship, on the Chevron Corporation and the deaths of...