Background

 

In a written judgment released May 11, 2005 by the Court of Queen's Bench, Saskatoon, Saskatchewan Justice Gene-Ann Smith dismissed the certification application filed by a group of organic farmers seeking to initiate a Class Action suit against Monsanto Canada Inc. and Aventis CropScience Holding Inc. (now Bayer Crop Science) for introducing genetically modified (GM) canola.

 

In the 179-page Judgment, the application for certification was dismissed on ALL FIVE of the criteria for Class Action certification in Saskatchewan. 

 

The decision means Larry Hoffman and Dale Beaudoin - the two Saskatchewan organic farmers who brought forward the case - failed in their attempt to meet the five (5) criteria required for certification under Saskatchewan's Class Action Act.  As result, the suit will not be certified as a Class Action claim and a trial to argue the merits of the organic farmers' case as a class action will not take place. However, there is the possibility the plaintiffs will appeal the decision.

 

Justice Smith's judgment stems from a two-day procedural hearing held in November 2004 where she heard arguments from Monsanto Canada, Bayer Crop Science and counsel representing Larry Hoffman, L.B. Hoffman Farms Inc. and Dale Beaudoin regarding their proposed Class Action claim that they had been harmed by the introduction of GM canola. 

 

Monsanto has always believed the claim of harm made by this group lacked merit.  Our position at the hearing last fall was that Mr. Hoffman and Mr. Beaudoin - and the class they purport to represent - did not meet the five criteria required for certification and therefore, the request to certify this action under the Class Actions Act should be dismissed. The Court has now agreed with this position.

 

Monsanto is proud of its work with the western Canadian canola industry in bringing biotechnology improvements to Canadian canola growers. Food and feed products containing ingredients derived from plant biotechnology crops have a solid 10-year history of safe use and all current Roundup Ready crops available in the marketplace, including Roundup Ready canola, met or exceeded Canadian federal regulatory guidelines for food, feed and environmental release.

 

 

Key Points

 

·     The two organic farmers who filed the Class Action certification - together with supportive groups such as the Saskatchewan Organic Directorate (SOD) - failed to meet the criteria required to take their legal case forward to trial under The Class Action Act.

 

·     Barring an appeal by the applicants - or amendments to their application and a re-filing of their certification application - this action will not proceed further as a Class Action claim.

 

·     Monsanto has always believed the claim of harm made by this group against Monsanto and Bayer Crop Science lacked merit.

 

·     We are proud of our work with the western Canadian canola industry in bringing biotechnology improvements to Canadian canola growers.  In 2004, almost 80 per cent of the total Canola acreage planted in Western Canada was planted to GM varieties. This compares to organic canola acreage which accounted for only 0.04% of total Canadian plantings.

 

·     Food and feed products containing ingredients derived from plant biotechnology crops have a solid 10-year history of safe use and were  grown in 18 countries around the world in 2003-2004, valued at approximately $44 billion (according to Dr. Ford Runge of the University of Minnesota). 

 

·     Monsanto believes all types of farming (organic, pesticide-free, conventional and genetically modified) can coexist with good farm management practices, the establishment of reasonable tolerances and thresholds for adventitious presence and cooperation between neighbors.

 

·     The fact organic acreage and production has increased during the same time period of rapid growth in biotech plantings shows that both agricultural systems can successfully co-exist.