canada: court case rules in favour of
patents on life
In 1997, Canadian farmer Percy Schmeiser
was accused of stealing Monsanto’s
genetically modified canola seed and in
1998 the case made its way to court. It
took on international importance because it
was potentially the first challenge, at
this level, on the ownership of genes.
Unfortunately, the case itself was fought
on basic issues regarding whether Schmeiser
had used the seeds illegally, not on
whether the company had the right to patent
and own the building blocks of life.
Schmeiser’s defence to Monsanto’s
allegation that he was using their seed in
contravention of their patent was that he
didn’t want their seed and had never
planted their seed; it had literally been
blown off the back of a lorry which was
passing Schmeiser’s land on the way to
neighbouring farms. Schmeiser lost the case
by a narrow margin (6-5). The court stated
that larger questions such as who owns
seeds were political and best left to
parliament. Overall, the decision was a
disappointment, but it showed there was a
strong dissenting opinion from within the
court. Local organizations are continuing
to press the issue with the country’s
politicians.
more information
Council of Canadians
