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[SANET-MG] the case of the organic producers of Canada
Recent developments in the case of the organic producers of Canada.
from GM WATCH daily
http://www.gmwatch.org
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"Coexistence" is no problem, according to Monsanto and co. That hardly
explains why these Canadian farmers are so desperate to sue them for
financial losses due to contamination.
"This is great", says plaintiff Dale Beaudoin. "On behalf of 1000 plus
organic farmers we can continue to fight for our right to remain
stewards for sustainable agriculture. This is no minor issue. It is a
matter of independence and survival for all farmers world-wide."
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Organic Agriculture Protection Fund (Canada)
Media Release, August 30, 2005
Organic farmers granted leave to appeal class certification decision
Today the Saskatchewan Court of Appeal released Honourable Mr. Justice
Cameron's decision granting the certified organic farmers of
Saskatchewan leave to appeal the Court of Queen's Bench decision dated
May 11, 2005 denying them class certification under Saskatchewan's Class
Actions Act. The farmers are seeking compensation for losses due to
contamination of organic fields and crops by Monsanto's and Bayer's
genetically engineered canolas.
Judge Cameron agreed that the issues raised by the plaintiffs should be
dealt with by the Appeal Court. He agreed that the questions of whether
Judge Smith erred in her finding of no cause of action - an error which
cascades through her decisions on the remaining four tests required to
grant class certification – and whether she applied an overly rigorous
standard for class certifications should be examined by the Appeal Court.
Plaintiff Larry Hoffman says he feels encouraged by the decision. "It
gives us a chance to argue how the Class Actions Act should be applied.
The spirit of the law is to even out the odds between the Davids and the
Goliaths in the world. The lower court decision made it too hard on us
Davids, and we think that's unfair. A farmer like me can't afford to
take on a big company like Monsanto when it threatens my livelihood and
way of life. But if we can join together in a class action, our combined
strength can make it possible to hold these companies accountable for
their actions."
"This is great", says plaintiff Dale Beaudoin. "On behalf of 1000 plus
organic farmers we can continue to fight for our right to remain
stewards for sustainable agriculture. This is no minor issue. It is a
matter of independence and survival for all farmers world-wide."
For the decision and other details of the class action suit, please see
http://www.saskorganic.com/oapf/
......
August 31, 2005, The Regina Leader-Post
Organic farmers can appeal ruling
Saskatchewan organic farmers will get another opportunity to try to
launch a class-action lawsuit against Monsanto and Bayer CropScience.
The farmers' first attempt to have the case against the two companies
certified as a class action was rejected in a 179-page ruling by Justice
Gene Anne Smith in May 2005. On Tuesday, the Saskatchewan Court of
Appeal granted them leave to appeal that decision.
Two farmers were named as plaintiffs in the suit, which aims to include
all Saskatchewan organic farmers certified from 1996. The producers,
supported by the Organic Agriculture Protection Fund, are seeking
compensation for losses they say are the result of the introduction of
genetically modified canola.
In granting the leave to appeal, Justice Stuart Cameron wrote that the
proposed appeal raises "some comparatively new and potentially
controversial points of law." Smith had ruled that prerequisites needed
to certify an action as a class action -- according to Section 6 of the
Class Actions Act -- were not satisfied. Cameron noted the Class Actions
Act was enacted fairly recently, and Smith's decision "constitutes the
most comprehensive application" of Section 6 of the act undertaken so
far in the province. "It stands as the seminal authority in the province
on class actions," Cameron wrote.
"Without suggesting that Justice Smith's decision is in any respect
flawed, I do believe her appreciation and application of the
prerequisites of Section 6 raises some issues of sufficient importance
generally to warrant consideration by this court." For example, some of
the arguments before Cameron centred on the "rigour" Smith applied in
considering each of the prerequisites that had to be met to allow the
class action, wrote Cameron.
On one hand, it was argued the application for certification as a class
action was subjected to more exacting standards than called for by the
act. On the other, Smith was said to have approached it rigorously "in
the sense of carefully and thoroughly."
Terry Zakreski, the lawyer representing the farmers, said they will now
file documents with the Court of Appeal and wait for an appeal date to
be set. Zakreski said he feels the decision shows they raised good
arguments for the higher court to consider on the basis the lower court
may have "set the bar too high" regarding what's needed in order to be
certified as a class action. (by Angela Hall)
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