Monsanto vs Farmer

Governments approve Monsanto’s GM cropsPercy Schmeiser and his wife Louise are third generation farmers from the prairies of Western Canada in the province of Saskatchewan near the city of Saskatoon. They feel really blessed not only that his grandparents moved there, but by the fact that in Central Saskatchewan so many types of grain crops can be grown; pulses, oil seeds, in what the locals call God’s Country.


The Schmeisers, like hundreds of thousands of farmers all over the world, were using their canola (oilseed rape) seed from year to year and developing new varieties suitable for climatic soil conditions on the prairies. Percy had also been the Mayor of his town for over thirty years, a member of the provincial Parliament and an active member of agricultural committees representing his province on new agricultural policy, law and regulations for the benefit of farmers.

In 1996, the Canadian Federal Government and the US Government gave regulatory approval to four genetically modified (GM) crops: soya, corn or maize, cotton and canola. At the time not all GM crops in Canada were herbicide tolerant except for Monsanto’s Roundup Ready canola and soya, both resistant to the company’s herbicide Roundup. The US Government had also approved Bt cotton and Bt corn that has the added GM toxin from Bacillus thuringenisis (Bt). The Canadian government were fully complicit in allowing Monsanto to develop GM crops on Government test plots and research stations in return for a royalty on every bushel of GM crops sold.

Monsanto versus farmer

In 1998, two years after the introduction of genetically modified organisms (GMOs) in Canada, the Schmeisers received a lawsuit notice from Monsanto which said that they were growing Roundup Ready canola without a licence from Monsanto and that this was a patent infringement. Monsanto had a patent on a gene to make GM canola resistant to the glyphosate herbicide in its formulation Roundup. This came as a complete surprise to the Schmeisers who immediately realised that all their research and development on canola over the past fifty years had been contaminated by Monsanto’s GMOs. They felt that they had a case against Monsanto for liability and the damages possibly caused to them, and that was the beginning of [1] Schmeiser’s Battle for the Seed (SiS 19). And 10 years on, the Schmeisers have been invited to London to tell their full story [2].

The Schmeisers stood up to Monsanto’s claims of patent infringement in the Federal Court with just one judge and no jury. The pre-trial took two years to go to court in which Monsanto claimed that despite having no knowledge of Percy Schmeiser ever having obtained any GM seed, he must have used their seed on his 1 030 acres of land because ninety-eight percent of the land was GM contaminated. And, because the Schmeisers had contaminated their own seed supply with Monsanto seed, ownership of the Schmeisers seed supply reverted to Monsanto under patent law.

Monsanto owns all crops or seeds contaminated, the court ruled

The Court ruled after a two-and-half-week trial that it was the first patent infringement case on a higher life form in the world. The Judge’s ruling and Percy Schmeiser’s name became famous overnight:

·It does not matter how a farmer, a forester, or a gardener’s seed or plants become contaminated with GMOs; whether through cross pollination, pollen blowing in the wind, by bees, direct seed movement or seed transportation, the growers no longer own their seeds or plants under patent law, they becomes Monsanto’s property.

·The rate of GM contamination does not matter; whether it’s 1 percent, 2 percent, 10 percent, or more, the seeds and plants still belong to Monsanto.

·It’s immaterial how the GM contamination occurs, or where it comes from.

The Schmeisers tracked down the source of the contamination. It was their neighbour who had planted GM crops in 1996 with no fence or buffer between them. Nevertheless, the Schmeisers’ seeds and plants reverted to Monsanto, and they were not allowed to use their own seeds and plants again, nor keep any profit from their canola crop in 1998.

The Schmeisers appealed against the ruling, and after another two years, it was upheld by the Federal Court of Appeal judges even though they did not agree with all the trial judge’s statements. The Schmeisers believe that the case should have been thrown out of Court and not upheld. After having lost the two trials costing them $300 000 of their own money, Percy took the case to the Supreme Court of Canada. He was warned that there was only a very small chance that the case would be heard; but was granted a second leave of Appeal by the Supreme Court of Canada.

Schmeiser raised important questions during the Supreme Court Appeal
The Appeal was good news for the Schmeisers, but in the meantime Monsanto had brought another lawsuit against them for $1million in legal costs, fines and punitive damages. Monsanto said that the Schmeisers were recalcitrant and that they wanted a million dollars from them. For good measure, Monsanto brought a third lawsuit against the Schmeisers to seize their farmland, farm equipment and house, in an effort to stop them mortgaging their assets to pay their legal bill.

Percy Schmeiser effectively raised several important questions at the Supreme Court Appeal:

– Can living organisms, seeds, plants, genes, and human organs be owned and protected by corporate patents on intellectual property?

– Can genetically modified traits invade and become noxious weeds that then become resistant to weed killers and become superweeds? (The answer was obviously yes, as these are now all over Western Canada and almost the rest of Canada, see below.)

– Can the farmers’ rights to grow conventional or organic crops be protected, especially organic crops?

– Can farmers keep their ancient right to save their own seeds and develop them further if they so desire?

– Who owns life? Has anyone, either an individual or a corporation, the right to put a patent on a higher life form?

On the important issue of “Who owns life?” the Supreme Court ruled in 2004 that “Monsanto’s patent on a gene is valid and wherever that gene arrives in any higher life form they own or control that higher life form.” That was considered to be a major victory for Monsanto at the time, but is a decision that has come home to roost in the form of corporate liability for GMOs. Percy explained that if a corporation own and control a higher life form and they put it into the environment where everyone knows it cannot be controlled or contained and co-existence is impossible then the corporation should be liable for the damages done to an organic farmer or a conventional farmer, as well as for the negative impacts on biodiversity.

Despite strong recommendations by the Supreme Court for the Parliament of Canada to bring in new laws and regulations on patents on life and the rights of farmers to use their seed from year to year these issues have yet to be addressed to date. In the US, Monsanto has filed lawsuits against at least ninety farmers.

Monsanto’s contamination no benefit to farmers, the Supreme Court ruled

In 2004, the Supreme Court ruled that in the case of patent infringement the Schmeisers owed no money to Monsanto because they did not benefit by being contaminated by the GM genes. Furthermore, they had not used Monsanto’s patent because they had not sprayed the Roundup herbicide on their canola crops. However, both parties had to pay their own legal bills. The Schmeisers legal bill was over $400 000 and Monsanto’s was over $2 million.

In essence, Monsanto had used Percy Schmeiser as a test case to see how far they could exercise intellectual property rights (IPR) over farmers’ rights. “At one point, Monsanto had nineteen lawyers in court, I had one. Talk about intimidation,” Percy said.

No longer able to grow canola in their fields for fear of infringing Monsanto’s patent, The Schmeisers began research into yellow mustard and started cultivating 50 acres of land in preparation for planting. In the autumn of 2005, they noticed canola plants growing despite not having been seeded in those fields for many years. They brought in witnesses and tested the plants by spraying Monsanto’s Roundup herbicide on the plants. Monsanto claim that any green plant that is sprayed with Roundup that does not die must contain their patented gene. When the Schmeisers plants did not die they realised that Monsanto’s canola was in their fields again.

The Schmeisers contacted Monsanto and asked them to remove the canola plants from their property. Monsanto took samples of the plants that confirmed they were their patented variety and two days later Louise Schmeiser received a fax from Monsanto containing a signed release statement which was blackened out in parts. Louise refused to sign it and insisted that Monsanto send her the unexpurgated document. Monsanto sent what was essentially a gagging order on the Schmeisers from ever telling anyone, neighbours, and the press about the terms of settlement, or ever taking Monsanto to court again for the rest of their lives no matter how much Monsanto contaminated their fifty acre parcel of land with GM canola.

Victory for Schmeisers and farmers at last

There was no way that the Schmeisers were ever going to sign a statement like that and give up their freedom to a corporation. Monsanto said that if they refused to sign then they would not remove the plants. The argument raged backed and forth; the Schmeisers said they will remove the plants themselves and Monsanto wrote back saying we wish to remind you that the plants that are on your field are our property and you are not allowed to do with those plants what you want. The Schmeisers said get your property off our property, you’re trespassing! Monsanto said only if you sign the release form.

The Schmeisers wanted the plants off their land before the pods ripened and the seeds were dispersed into the field. They hired the neighbours to help remove the plants and notified Monsanto about what had been done and Monsanto sent another fax saying that you can’t do what you want with those plants. A bill was eventually sent to Monsanto by the Schmeisers for $640 to pay for the neighbours help to clear the field. Monsanto refused to pay the bill unless Percy signed the release statement. This went on for about a year so the Schmeisers made a decision to go back to Court amid media reports about the new dispute. The judge in the small claims Court agreed with the Schmeisers and sent Monsanto a summons. Percy said, “We then had a billion dollar Corporation in Court on a $640 bill and you can imagine the publicity that got in Canada.”

In March 2008, the case went to trial and when the judge came into the Court room Monsanto got up with a cheque in hand to pay the $640 plus $20 costs. “I’ll never forget that $20 costs!” Percy laughed. “It was a great victory, not only for ourselves, but for farmers all over the world because it has set a precedent where a corporation has accepted liability for contamination and clean up costs”, he said. Percy Schmeiser had become the first farmer in history to successfully counter-sue Monsanto for liability over damages done to his seeds and crops by Monsanto’s GM crops.

GM in Canada – lessons learnt

Thirteen years ago when GM soya and rapeseed was introduced in Canada (and in the US) the Corporations and Government told farmers that GM would increase yields, be more nutritious, use less chemicals, and feed a hungry world. Now we will always have a sustainable agriculture, they claimed. The Canadian Department of Agriculture figures states canola yields have decreased at least ten percent and soya at least fifteen percent [4], but worst of all, farmers are using three to five times more chemicals because of the GM superweeds that have developed. The reality is that the nutritional content of all crops are down fifty percent of what they were before GMOs were introduced and now we have less yields and more chemicals used, exactly the opposite of what Monsanto promised.

Percy Schmeiser said, “Once you introduce GMOs, believe me the days of organic farmers are over, the days of the conventional farmer are over, it all becomes GMOs in a matter of a few years.” In addition, he said, there is no such thing as containment, you cannot contain pollen flow. It doesn’t matter if contamination is by seeds blowing in the wind, or by bees, or by farmers transporting their seeds to market, or so on. Ultimately, farmers, growers and consumers will no longer have a choice because despite Monsanto’s promise that farmers will have choice, they won’t because it’s absolutely impossible for organic and conventional farming to co-exist with GM crops.

Mountains of contaminated produce that cannot be exported

Canadian organic farmers can no longer grow canola and soya crops organically. The seed stocks of those two crops are now totally contaminated by GMOs, which cross- pollinate into other market garden crops from the brassica family. Percy describes the devastating effect GMOs have had on Canada’s markets, as a nation reliant on exporting eighty percent of what it produces. The markets for rapeseed have shrunk to primarily exporting to Mexico, the US and Japan, Canada is now sitting on a mountain of canola, not one bushel can be exported to the EU. Furthermore, Canada’s honey markets throughout the world have been lost because of GM contamination.

Schmeiser is also concerned about a new wave of GM crops in Canada called “pharma-plants”. There are six major types of drugs now being produced by GM plants, including prescription vaccines, industrial enzymes, blood thinners, blood clotting proteins, growth hormones and contraceptives, all known to be much more dangerous than conventional drugs (see [5] Biologicals’, Wonder Drugs with Problems, SiS 42) What if somebody has had major surgery and then eats food contaminated with genes from a plant manufactured to be a blood thinner? Or what about a pregnant woman who eats food contaminated by genes from a plant that is manufactured as a contraceptive? These are just some of the worrying implications of pharma-plants, along with containment and co-existence.

Superweeds now ubiquitous in Canada, requiring supertoxic herbicides

Superweeds have evolved from conventional canola plants that have taken on the genes from three or four companies selling GM canola that has cross-pollinated and ended up in one plant. It had become established in Canada by 1996 (so quickly that horizontal gene transfer was suspected as having been involved, see [6] What Lurks Behind Triple Herbicide-Tolerant Oilseed Rape?, ISIS Report). Percy warns that superweeds are ubiquitous throughout Canada in wheat fields, barley fields, cemeteries, university grounds, towns, and golf courses. He said that all these people that never even grew GM canola have this new expense of trying to control it, and this is responsible for the massive increase in the use of chemicals to control the superweeds.

One third of Canada’s insecticides, herbicides and pesticides are used in Saskatchewan, which has the highest rate of breast cancer and prostate cancer in Canada. “We’re killing ourselves with the chemicals we are using and the chemicals are more powerful and more toxic than ever before,” Percy says. He warns that Roundup herbicide is now four times stronger than it was in 1996. Roundup is bad enough as new research reveals (see [7] Death by Multiple Poisoning, Glyphosate and Roundup, SiS 42); the new type “24D”, contains 70 percent Agent Orange, and is being used on the prairies to combat superweeds. The adverse health effect of Agent Orange in Vietnam is common knowledge and could explain the major health problems, environment damage and loss of biodiversity in Canada.

Monsanto’s culture of fear

Monsanto is perpetrating a culture of fear and intimidation in Canada in an effort to gain control of the seed supply, and ultimately the food supply. It was not easy to stand up to Monsanto. Percy said, “They tried everything to break us down mentally and financially.” His main fear was the harm that they would do to his wife and family. Monsanto employees would sit in the road in their vehicles watching us all day long when we were working in our field, he said. They would sit in the driveway for hours at a time watching Louise Schmeiser when she was working in the garden and then phone her and say “You better watch it; we’re going to get you.” Monsanto would then phone their neighbours and say if you support Percy and Louise Schmeiser we’re going to come after you and do the same to you as we’re doing to them. Monsanto offered $20 000 worth of chemicals to the Schmeisers’ neighbours if they would say something negative about them in Court.

Percy warns farmers about Monsanto’s “Inform on your neighbour” policy for a free gift such as a leather jacket or chemicals. He said when the “gene police” arrive on contaminated farm land threatening the farmer and his wife with a court case, what do you think goes through a farmers’ mind? You have a suspicion about your neighbours; it breaks down the social fabric of rural society, farmers’ relationships, farmers not trusting one another, farmers scared to talk to each other about what they are seeding. We don’t know how many thousands of farmers they have done that to. But by 2004 at least 30,000 farmers were paying royalties to Monsanto in Canada [8]. As a former politician, Percy thinks this is the worst thing that has happened with the introduction of GM crops, a whole new culture of fear that Monsanto has been able to establish on the prairies of North America and Canada.

If Monsanto can’t find the farmer at home they go to the municipality office and get the farmers address and extortion letters follow. Percy has collected a lot of letters that farmers have given to him that say: “We have reason to believe that you might be growing Monsanto’s GM rapeseed without a licence. We estimate that you have so many acres. In lieu of us not sending you to court send us $100 000 dollars or $200 000 dollars in two weeks time and we may or may not send you to court.” Can you imagine the fear of a farm family when they receive this letter from a billion dollar Corporation? The letter ends, “You’re not allowed to show this letter to anyone or we will fine you.” One farmer’s wife sent Percy a letter from Monsanto because she was at her wits end. Her husband had four heart attacks and she pleaded with them to put her in jail. Monsanto replied, “We don’t want to put you in jail lady, sell your farm and we’ll let you go for half the money.” This behaviour is ruthless and if Monsanto can victimise farmers in First World countries such as Canada and America, it is a given that they will do this in many countries all over the world.

No new GM crops for Canada

In Canada food is not labelled, and campaigners have protested to find out what’s in their food by demanding labelling. The National Farmers Union has warned farmers not to buy Monsanto’s GM seeds because of their aggressive attitude. The Government has been unsuccessful in introducing any new GM crops such as wheat, rice, flax, and alfalfa because there was such an uproar by the people who have seen the damage and don’t want any more GM crops. Schmeiser said, “If we’re trying to stop them in the US and especially Canada, why would you want to introduce them in the UK and Europe?” He believes that now the Corporations have lost the ability to introduce any more GMOs in Canada they have turned their attention to other countries in the world. He compared this dominant strategy with the sale of agricultural pesticides and chemicals that have been exported wholesale to Africa and Asia once the North American markets were saturated.

Percy said we do not know if you can ever recall out of the environment a life form that you put into it. And in relation to GMOs, what are we leaving for the future? We are at a fork in the road. If you go the GM way, this is what will happen; if you go down the other fork, you will maintain good food, safe food, and your environment. “I don’t think any of us want to leave to the future generations our environment, our soil, our water, our food, and our air full of poisons, none of us want to leave that,” he concluded. Percy has five children, fifteen grandchildren and two great grandchildren and that is why the Schmeisers have taken such a strong stand because they want to leave a legacy of safe food, water, air and soil.

[link to]

GM crops will dominate and take over most of the surrounding farmland. As this happens this style of extortion from Monsanto will continue. I am hoping more farmers will fight back against this Evil chemical company who thinks they produce food.


  1. Hi, nice post. I have been thinking about this topic,so thanks for sharing. I will certainly be subscribing to your site.

    • At last the dark side of GMO is being revealed in many many places. We will rock their world before they destroy ours.

  2. The worst part of this is our Governments are have been bought by Monsanto and it is going to be almost impossible to reverse the damage that has already been done.

  3. This is an eye-opener. I always knew Monsanto was evil but they are out and out TERRORISTS !!!!!!!!!!!!!!!!!!!!!!!!!

  4. I would like to join and be kept updated. Thanks for printing this. Now … to find a way to share it on Facebook.

  5. Hi we have heard what you had to say and are fighting it here as well … thankyou on behalf of all of those who care about what they eat and a demand a right to choose.
    Bless you Percy and your family.

  6. where is the canadian government and their protection of consumers in this country ,farmers and citizens have no rights and this madness has to stop.the government,and judges decisions seem to be in favor of the big corporations who are derugulated,use their own scientific facts which have been proven to be untrue or simply mislead the public.c,mon these are the guys like monsanto who gave us agent orange,ddt that have caused so much death and destruction and now they go against mother nature in controlling what we eat.the canadian and american governments should hang their heads in shame .

    • this is absolutely disgusting. This is been going on for years as our government and the governments around the world who allow GMOs are getting money. Or at least the people who run the government. I’ve been reading extensively about GMO. The dangerous. Farmers use to grow food for families and children to help them grow healthy. We are no growing crops that was going to destroy our children and make them sick. This is so crazy. And if people don’t know what GMOs are they really need to look it up and find out. Will putting other organism DNA into a food like tomatoes corn well you know what I mean. the vast majority of people think GM 0 or selective breeding they are farmers and ranchers have done for years. It’s not. It’s putting DNA from a spider into goats milk so they can make bullet proof vests.I kid you not. Can you imagine with that substance in the milk will do to human beings.enjoy your cheese folks

  7. Thank you! I’m doing a research project on this issue. It has been very informative

    • Hi there. I have a website with heaps on info on it. If you have not seen it please take a look and sign the petition and send an E mail to the primeminister.. Hope you find it useful. hugh halliday.

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  12. Hi there. Perdy was in NZ a few years ago.We are all eating Monsanto foods as they are all let in by our food authority. We only have GE pines ( recently cut down again and the GE Eucalyptus that are exported to the USA. Why are we growing the? I have a website HELP DECLARE NZ GM FREE . http://www.declare nz national government who is trying for a trade deal with the USA will be forced to plant GE crops if it comes of. The reason you know. They (Monsanto) are the government. The qestion is ,will Monsanto trash the world becfore we stop them They want all the land contaminated so nothing else can be grown. Their mission is total control of all major foods. They are the most evil company in the world. The world is fighting back . The ninety nine percent must beat the governments and corporations. Hugh Halliday.

    • We are all living in a neo feudalism western world. But instead of Kings and Queens, they are replaced by corporations. And this Corporatocracy is once again plundering the third world more than ever. for example: In the past 5 or 10 years Africans are desperate to get to europe in non seaworthy and overloaded boads. Many have died. Why? Because our masters, the corporations are buying up huge tracts of farmland. they deal with the corrupt tribal “big men” and African governments. Fewer and fewer self sufficient African small farms exist. Hence the huge migration to europe via the Mediterranean and west coast of the continent of Africa, Spain being the main endpoint. 20 years ago i was watching a documentary. An African small farmer had a clean mud hut and even had a gasoline electricity generator for the family and neighbors to watch vhs tapes. the guy even had a sattelite dish and a phone. Now these people have nothing and are starving. GM companies say they want to create green revolution to get a higher yield. yeah a higher yield for europe and the west. And most of this land is sitting fallow as a speculation. it is truly evil

  13. Its like you read my mind! You seem to know so much about this, like you wrote the book in it or something. I think that you can do with a few pics to drive the message home a bit, but instead of that, this is great blog. A great read. I will definitely be back.

  14. sadly, the story presented in this post is a fantasy version of reality, and its characterisations of the court rulings are incorrect. i recommend that anyone who is interested in facts, rather than self serving fabrications, should just read the judgements.

    • Thank you for sending me the Grand Disillusion. I guess you must have found my website somewhere. Please continue to send me material about GE. Hugh Halliday.


  15. […] Source: […]

  16. monsanto roundup ready beans contaiminated 160 acres of soybeans that were ngmo soybeans that cost david webster a 77 yearold farmer when seen the problem at harvest as they tested positive for the roundup ready gene in very small number of beans we had to take sample and sort they were sold under 3 different contacts for human cosumption that both my father david webster and the buyer had to short instead the beans were sold for crusher for less money of over $15,000 when checked the field we found aprox one plant in 100 had in one pod one bean that had a darker seed spot mosanto was asked to send a rep to check the field they refused to david webster is now in court with monsanto they will stall on this david webster brussels ont canada 5198879299

  17. […] There is a canola farmer in Canada who eventually won a lawsuit vs. Monsanto because of contamination with GMO’s. […]

  18. […] […]

  19. If any corporation richly deserved the corporate death penalty, it is Monsanto. In a world uncorrupted by BRIBED politicians, they would be declared public enemy number one to life on Earth.

  20. Very convenient you to leave out the facts and only include that which supports your bias, and most of it made up. He admitted to keeping seeds off plants he knew to be resistant, and replanting those. His crop was over 95% round up ready … It wasn’t a case of ‘contamination’ … he didn’t even use contamination argument. Did you even bother to read the case yourself? On the one he did sue and win, it was $660 dollars… Who is to say he didn’t plant the seed himself or it wasn’t from the previous use of the seed? I don’t blame Monsanto for agreeing to pay $660 for clean up .. He better be thankful they didn’t make him take them to court and cost him even more money!

    • Wow. I’ve read this kind of thing about Monsanto time and time again. And my family has farmed in Saskatchewan for generations. You blithely call the farmers liars and support a corporation? I compliment your loyalty as a Monsanto employee or pity your ignorance as a human being in equal measure.

      • Monsanto is a system, Neo. That system is our enemy. But when you’re inside, you look around, what do you see? Businessmen, teachers, lawyers, carpenters. The very minds of the people we are trying to save. But until we do, these people are still a part of that system and that makes them our enemy. You have to understand, most of these people are not ready to be unplugged. And many of them are so inured, so hopelessly dependent on the system, that they will fight to protect it.

  21. Thanks for all your efforts that you have put in this. Very interesting info. “Never knock on Death’s door ring the bell and run away Death really hates that” by Matt Frewer.

  22. It is interesting to see how often Monsanto will lie and intimidate. They are thugs.

  23. […] The Grand Disillusion   […]

  24. […] The Grand Disillusion   […]

  25. […] The Grand Disillusion   […]

  26. […] vs Farmers – The Grand Disillusion Who Use Monsanto GE […]

  27. […] pages of their own propaganda on Google, I came across the fact that they’re a good employer. Which explains how they get people to sit on the edge of farmer’s fields and intimidate them. People are willing to do a lot for you if you treat them well. I hate invoking dictators in […]

    • The Matrix is a system, Neo. That system is our enemy. But when you’re inside, you look around, what do you see? Businessmen, teachers, lawyers, carpenters. The very minds of the people we are trying to save. But until we do, these people are still a part of that system and that makes them our enemy. You have to understand, most of these people are not ready to be unplugged. And many of them are so inured, so hopelessly dependent on the system, that they will fight to protect it.

    • I believe they do not serve GE foods to their employers. Good for them. like Mac Donald’s who suggested that their employees should not eat their foods as they will be bad for their health and obviously therefore cost them money.

  28. Does anyone have any copies of Monsanto’s extortion letters that can be posted on the FB pages of March Against Monsanto. I would dearly like to see one.

  29. This article leaves a lot out. A lot of important stuff.

    Schmeiser didn’t plant non-Monsanto canola that spring, let it grow, and then somebody took a cutting at harvest time and found the seeds were half Monsanto DNA, as one would expect from wind-blown, accidental pollination.

    Schmeiser found Monsanto’s genetically modified “Roundup Ready Canola” plants growing near his farm. He testified that he sprayed his nearby field and found that much of the crop survived, meaning it was also Roundup Ready. He testified that he then harvested that crop, saved it separately from his other harvest, and intentionally planted it the next year. Monsanto approached him to pay a license fee for using Monsanto’s patented technology without a license. Schmeiser refused, claiming that the actual seed was his because it was grown on his land, and so Monsanto sued Schmeiser for patent infringement.

    Basically, what Schmeiser did is is analogous to two factory owners. One factory owner spends time and money inventing a new product to build and sell and patents that new product. The second factory owner buys that product at a store, takes it back to his factory and start producing copies of it with little or no investment.

    Remember, patents exist in order to help the inventor make back the time and money they put into their invention without freeloaders just copying and, essentially, getting money for nothing. But patents don’t block competition because they typically run out in 20 years from date of first filing and after that anybody can make the product, use the process, etc… without cost and, potentially, produce a better/cheaper product than the original inventor.

    Before you claim that Monsanto GMOs are evil, get your facts straight and realize that Monsanto did what every other patent holder in every other industry from electronics to car parts to plumbing fixtures and beyond do evey day of the week while defending they time and money they put into developing new products & technologies.

    • Logically speaking, how can you “patent” something that you can’t control? Planting is a process in which nature will take its own course, in this case by spreading the contaminated seeds that have been tampered with. This “inventor” is irresponsible and near sighted, and chooses to make his immediate economic goals of greater importance than long-term economic and ecological goals. It’s called greed and you are as guilty as he is. Greed ignores future consequences. You may have a job now but future generations may not because Europe, NZ,Australia and others will not buy Canada’s GMO. It’s quite apparent why US and Canadian governments haven’t banned GMO. They need us to consume their mistakes which we can’t sell to other countries. Should Canadians thank you for that? I suggest you rethink.

      • I agree 100%! Actually, Monsanto should be held accountable for all the super weeds in Canada. To have a seed under the seed act in Canada, It has to be what it claims. Once given that lisence, it cannot be changed or altered. If these guys are true scientists as the claim to be, they should have known that eventually certain strains of weeds would become resistant to their product, no different than over using antibiotics. Add the intimidation by Monsanto to these farmers, not to mention bribery, is just wrong!
        Personally, I think that the cross pollination was schemed up by Monsanto because once done, how do you undo it and to think they are getting money for their deceit is unforgivable! We need to start thinking ahead of them.
        Production down
        The birth of super weeds
        Having to use more chemicals
        Cross pollination
        Surely one or more of these would be in violation of the seed act in Canada as the production of the seed now has to be changed, time to rid our beautiful Country from these Monsters!

    • Cory, You’re wrong about the patents on these seeds. They entail IP contracts and are different than patented seeds. Patented seeds mean you can’t use them to breed a new plant and you can’t attempt to breed that same seed. They don’t mean you can’t save seeds and plant them over again. With corn, patents are hardly necessary because the saved hybrid seed doesn’t produce good corn anyway. But soybean and cotton have traditionally been saved for planting (even though the seeds were patented to begin with) Farmers usually buy new hybrid seed for quality.

      Your analogy to 2 factories is wrong because Monsanto didn’t create corn. Corn has been around for thousands of years. Monsanto owns a trait they engineer into the corn. By engineering this trait, Monsanto has been able to say they own all corn which includes this trait. However, on the other hand, they don’t take responsibility for where the trait ends up. GE corn has been found growing in Mexico – a country which holds the “gene bank” for indigenous varieties. Now that corn is contaminated. If and when we find out that we really don’t want bt (for example) in our corn – because it turns out it’s toxic in the long-term or something like that – we will have destroyed our ability to produce bt-free corn. And, Monsanto will have rights to all corn seed. I understand this is an extreme scenario, but in North America the vast majority of corn, soy and cotton is GMO – therefore – is basically owned by Monsanto. This is something difficult for long-time farmers to adjust to. They’ve never had investigators spying on them or wandering through their fields to test the genetics of their crops.

      It’s a very basic struggle we’re going through: who owns our food? We’ve tended to think of seeds as belonging to everyone, even though there are for-profit companies who breed them for various qualities. Once sold, they became our own, as long as we didn’t use them to try to breed some new plant (not the same as simply growing crops from saved seeds). The comparison of seeds to a product manufactured in one factory and copied by another isn’t apropos. A better comparison would be: I breed a goat to have a black spot on his back. I sell you this goat. Now, every baby goat that’s born from this goat belongs to me in as much as: you can’t breed any of those babies. You can kill them and eat them, but you let them get pregnant in order to milk them or sell them or let them have their own babies because I own the genes that make them have a black spot on their backs.

    • Your analogy is apples and oranges. It would be more like if a manufacturer built a widget and then left the widget on the doorstep of his competitor, inviting him to clone it.

  30. […] else’s fault. Read about a family whose crops were contaminated with Monsanto’s Canola here. Monsanto sued them, and won, because they have patented their crops. The law states that the […]

  31. […] The patent on the seeds makes it so that when they cross pollinate with crops in fields around them, the farmer who did not […]

  32. Monsanto’s patented seeds are trespassing on to neighboring properties and trespassing onto private property is illegal unless you give permission. If conventional and organic farmers could protect their land from Monsanto’s seeds I’m sure they would, but it seems only right that Monsanto and farmers who buy GM seed should be the one’s who to ensure they are not spreading their seed.

  33. If they can legally patent them then they must be different to normal hybridized seeds. They say they are the same. Contradictory. Since they and Glyphosate is causing increasing illness ,cancer, birth defects, killing birds, bees and amphibians and making animals sick and it seems humans too. They must be stopped. They are jumping on the wagon of state control and world control. Read the book by Ian Wishart Totalitaria which puts it all together. Any American can see how freedom is being slowly squashed. how foods, medicines and chemicals are killing us etc. Wake up. .

  34. Monsanto, the Corporation from Hell, with the resources to corrupt governments, courts, and agencies worldwide, and in Canada, to force the firing of bribery whistleblowers.

  35. […] Monsanto vs Farmer | The Grand Disillusion […]

  36. […] farmers has sued Monsanto over GMO seed contamination of their non-GMO crops, and Monsanto has sued farmers over saving seed, a practice that has been going on since the dawn of agriculture, more than several thousand […]

  37. […] farmers has sued Monsanto over GMO seed contamination of their non-GMO crops, and Monsanto has sued farmers over saving seed, a practice that has been going on since the dawn of agriculture, more than several thousand […]

  38. […] sued Monsanto over GMO seed contamination of their non-GMO crops, and Monsanto has sued farmers over saving seed, a practice that has been going on since the dawn of agriculture, more than several thousand […]

  39. […] sued Monsanto over GMO seed contamination of their non-GMO crops, and Monsanto has sued farmers over saving seed, a practice that has been going on since the dawn of agriculture, more than several thousand […]

  40. […] farmers has sued Monsanto over GMO seed contamination of their non-GMO crops, and Monsanto has sued farmers over saving seed, a practice that has been going on since the dawn of agriculture, more than several thousand […]

  41. […] farmers has sued Monsanto over GMO seed contamination of their non-GMO crops, and Monsanto has sued farmers over saving seed, a practice that has been going on since the dawn of agriculture, more than several thousand […]

  42. […] farmers has sued Monsanto over GMO seed contamination of their non-GMO crops, and Monsanto has sued farmers over saving seed, a practice that has been going on since the dawn of agriculture, more than several thousand […]

  43. […] farmers has sued Monsanto over GMO seed contamination of their non-GMO crops, and Monsanto has sued farmers over saving seed, a practice that has been going on since the dawn of agriculture, more than several thousand […]

  44. […] farmers has sued Monsanto over GMO seed contamination of their non-GMO crops, and Monsanto has sued farmers over saving seed, a practice that has been going on since the dawn of agriculture, more than several thousand […]

  45. […] farmers has sued Monsanto over GMO seed contamination of their non-GMO crops, and Monsanto has sued farmers over saving seed, a practice that has been going on since the dawn of agriculture, more than several thousand […]

  46. […] farmers has sued Monsanto over GMO seed contamination of their non-GMO crops, and Monsanto has sued farmers over saving seed, a practice that has been going on since the dawn of agriculture, more than several thousand […]

  47. This is an incredibly twisted and flat-out fictional version of this story.

    The actual truth is that the farmer is hardly as innocent as he’s been made out to be. He didn’t just accidentally grow GMO crops; he intentionally tested his crops to find the invasive seed, harvested it, stored it, and cultivated it the next year, separate from his regular crops.

    Wikipedia has the details:

    The summary: “The court heard the question of whether Schmeiser’s intentionally growing genetically modified plants constituted “use” of Monsanto’s patented genetically modified plant cells. By a 5-4 majority, the court ruled that it did. The case drew worldwide attention and is widely misunderstood to concern what happens when farmers’ fields are accidentally contaminated with patented seed. However by the time the case went to trial, all claims had been dropped that related to patented seed in the field that was contaminated in 1997; the court only considered the GM canola in Schmeiser’s 1998 fields, which Schmeiser had intentionally concentrated and planted from his 1997 harvest. Regarding his 1998 crop, Schmeiser did not put forward any defence of accidental contamination.”

    If you have a problem with this, your problem should be with the IP laws that allow people to patent genes in the first place, not the company that did something totally legal and protected its IP rights against someone who willfully violated them.

    • “he intentionally tested his crops to find the invasive seed”, yes, you got that part right, HIS crops and INVASIVE seed. He did nothing wrong, he was on his property. Monsanto has the responsibility to keep their seed off his property.

  48. Well I’m sorry but people doing this kind of behavior..poisoning, promoting, extorting, threatening, contaminating..stealing lives…so much sinister garbage. my fruit orchard would be mighty and strong from those directly responsible. The legal system is not scientific and archaic as the Romans imperialism. My resolve would be to treat them as Nazi’s and the like.

  49. And you tell the story pro monsanto types. Did he know the pesticide resistant strains were an engineered patented strain? I doubt it. Selected because it had those attributes, it’s not relevant that he planted it on purpose under those circumstances.

  50. Farmers need to give away the crop equally amongst each other voiding agreement with Monsanto enabling to keep seeds now for future I bought Monsanto seeds

  51. Give away crop to other farmers voiding contract with Monsanto seed policy. If done equally amongst farmers legally on paper notarized sometimes you have to give it away to beat the system.

  52. Since my last comment in 2011, my website has grown with all the latest information from the world and also lots of videos and a few blogs. It is all around the world and with all the other pressure groups great strides are being made to stop this evil .The main problem are Western Governments who are bought politically by the chemical companies and backed by the one world government to reduce the population and make us sick. Hugh Halliday.

    • The government is not ‘bought’ by them. They ARE the government. The resumes of the government officials reveal they used to be higher-ups in those companies. Yes, I also do realize the gov’t is bought as well……

  53. […] fault. Read about a family whose crops were contaminated with Monsanto’s Canola here. Monsanto sued them, and won, because they have patented their crops. The law states that the […]

  54. Monsanto was started by the Rockefellers with the intention to take over the world’s food supply. It doesn’t matter how much money they have or even if they think they run the world and are above the law. If you want them out of business do not buy any product the Rockfellers are involved in and start by trying to bankrupt the Rockfellers. After that start on the next person who is corrupting USA. I don’t care how much money you have, there is still a way to bring you down and it doesn’t have to be in cout. Vote with your dollar. My dollat says I will never give one to any of those crooks.

    • You rock! I make min wage and ever since I found out about prop 37&gmos 2yrs ago I have been only buying organic unprocessed foods and am seriously pissed at the level of government infiltration that has continued with potentially the most evil company in the world

  55. I wonder if the Rockfellers and the Rothschilds or even the Queen of England eat the GMo’s. If not, they should be forced to eat them every day at every meal. We’ll find out the truth that way. Like send them some cookies made of GMO or corn or bread-with plenty of round up on them. they created this mess, they should all be willing to eat the stuff, but my guess is they don’t and they won’t ever.

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  58. The wind bring your patented pollen to my field. Why not suing the wind? Or even “suing God” for making wind?

  59. […] In New Poll [13] Monsanto: Commonly Asked Questions about the Food Safety of GMOs [14] The Grand Disillusion: Monsanto vs. Farmer [15] USA Today: Lawsuit challenges Vermont’s GMO labeling […]


    • Well stated. We need to fight the Monsanto corporation as best we can. People are beginning to think about options such as growing their own food where they presently have a lawn. Also, shop the perimeter of the grocery store instead of the aisles – eat real food, not packaged food with GMO canola and refined sugar from GMO sugar beets. Avoid GMO corn. Most cereals such as Kellog’s are GMO. Avoid non-organic milk, as cows are fed GMO alfalfa. Other countries are not buying our GMO products so we can individually do the same and ultimately impact the situation, slowly but surely while protecting one’s own health.

    • Make a bumper sticker black with white letters that says: “C.R.A.P” in large letters. beneath in smaller letters that say: “Chemically Recomposed Animals & Plants aka GMOs” The word CRAP will get lots of attention and some will take the time to read the small print. Maybe 99% will read and begin to think about what GMOs really are and do some research or ask their friends or store managers. Put CRAP on bumper stickers, banners, buttons, flags, t-shirts, etc. etc.

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  62. People have to realize that our governments and there backed illeagal system is only to serve corporations like monsanto and alike. Media is corrupted and owned by the vary same people that run our westernized world NWO and no it is not a conspiracy. What happend to these people is just one example of how the corperations and banking scams work and this article reflects that. people want changes and our votes dont matter we are all being play a very sad song in everyway. i wish people would be brave and wake up to whats going on otherwise we will be total slaves.

  63. o ya and watch out for the paid shrills on every website and youtube videos is sole purpose is to post negative coments about the truth people are saying. chemtrails,Nwo,builderburg group,Fema camps,Corrupt banks, 911, and Georgia guid stones pretty much sums it up. Please have a look into this and you will see how we are being controlled people. wish you all the best in life and fight for our rights.

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  66. I recently watched “Food, Inc.” on TV. You should see the resumes of the US Government officials in the FDA, USDA, etc. So many were higher-ups in Monsanto. They are now making the rules.

  67. The USA is totally corrupt. Take the Federal judge in Hawaii ruling against them trying to stop GE planting on their Island. Who is he connected to and who is his wife connected too. here we go again. He could not possibly come up with any other answer as it would ruin their lives socially and financially. Of course he and his family could well be eating GE foods and being poisoned by all the sprays too. Money is more important than health though. Hugh Halliday.

    • I am kind of bored to death at work so I decided to check out your posts on my iphone during lunch break. You might have just saved me a lot of hassle just now. I’m really thankful for what you’re doing here. Extremely useful posts. I was going for a jog on Friday when I discovered this. Could you write more about this subject?

  68. […] In 1998 The Schmeisers (a farmer family) stood up to Monsanto’s claims of patent infringement in the Federal Court with just one judge and no jury.» Now guess what the judge ruled? Yes, Monsanto owns all crops or seeds contaminated. (thegranddisillusion) […]

  69. When first hearing of GMO’s some years ago, I was concerned. Very upset about government complicity and yes, duplicity in the “rape” of the food supply. Money rules. Companies like Monsanto should not be allowed to exist.

  70. “[At trial] In March 2008, … Monsanto got up with a cheque in hand to pay the $640 plus $20 costs. “I’ll never forget that $20 costs!” Percy laughed. “It was a great victory, … for farmers all over the world because it has set a precedent where a corporation has accepted liability for contamination and clean up costs”, he said. Percy Schmeiser had become the first farmer in history to successfully counter-sue Monsanto for liability over damages done to his seeds and crops by Monsanto’s GM crops.”

    Glyphosate, the active ingredient in Roundup, and the stuff Roundup Ready seeds are genetically engineered to be resistant to, may be responsible for the some of the rise in the incidence of Autism, Alzheimer’s and other diseases. If so, then Monsanto’s shareholders must be concerned about the liability ramifications for Monsanto. (I am not a lawyer but think it’s like tobacco and cancer but worse since people choose to smoke but apparently can’t choose to avoid Roundup Ready foods.) And more important – farmers and people who eat – must be concerned about the half-life of Glyphosate in soils and possibly, the persistence of the glyphosate resistant gene in the natural gene pools.

    (I started exploring this on Popular Logistics, in “If not Vaccines, what triggers Autism?” )

  71. Has some body compared a GPL software license with the sort of license that Monsanto is allowed? If I take even a whiff of GPL software in my code, my code becomes GPL (basically free). To me, the existing life (gene code) is ‘GPL’ & what monsanto introduces is just a speck into that GPL code. In fact, what should happen is that as a result, Monsanto’s gene (patent) should become free for every body to use!

  72. Monsanto’s patented weeds killer Glyphosate’s adverse effects on Pedersen’s piglets is only one example of the pesticide’s health risks. In a major paper published by Earth Open Source, “GMO Myths and Truths: An Evidence-Based Examination of the Claims Made for the Safety and Efficacy of Genetically Modified Crops,” Kings College molecular geneticist Michael Antoniou, molecular biologist John Fagan and GM Watch’s Claire Robinson outline the known health risks now shown to be associated with glyphosate:

    IMAGE :

    DNA damage
    Premature births and miscarriages
    Birth defects including neural tube defects and anencephaly (absence of large parts of the brain and skull
    Multiple myeloma
    Non-Hodgkin’s lymphoma
    Disruption of neurobehavioral development in children, including attention deficit disorder and attention deficit hyperactivity disorde

    It is very hard to estimate damages already done by Monsanto & other Glyphosate Manufacturers to the pregnant mother and a baby yet to be born or already born with damaged DNA or disorder.

  73. I was recently put on as many as 4 different allergy medications and continued to grow even sicker by the day. I finally got fed up with talking medications that were obviously not working, and took control over my diet. I know I haven’t eliminated all of the GMOa from my diet ( everyday I find new ones), however is already made a huge improvement on my everyday health. I’m not sick all the time, and I no longer take any allergy medicines.
    I had seen documentaries as far back as Tenn years ago, about farmers losing their farms to big agricultural companies due to cross pollination with patented seed stocks. I also worked for a pretty supply store where the majority of our sales were attributed to corn free pretty food, pets were allergic to the corn. Then I found out about GMOs, their hazards and possible side effects, the corruption in the FDA that allows them to be marketed, and all of the other negatives associated with Monsanto, and the light bulb went on.
    If like to know more about our rights concerning Monsanto. Class action suits. Their liability concerning my property. I’ve never used Round-up, but a lot of my neighbors do. Also, is there a connection between Fertilome plant chemicals and Monsanto? Fertilome also produces/sells 24D!

  74. I am a woman who is at school doing debate and I found an article about GMO food and I am against you and it was the letter to the farmers trying to deal with them.

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  76. Can the people of the world stop the corporations or will the plan of the World government who back the corporations come into effect. Control your food control the people. It is also about sterility for as we know GE crops cause sterility to reduce the population and not just in Africa either. Allot of people know what is going on now but can we beat them, in particular the western bloc o
    f governments of which New Zealand is one of them.

  77. […] […]

  78. I think you should print all the facts, while percys seeds where contaminated by cross breeding he discovered this while spraying roundup around posts, some of the canola survived, he sprayed the rest of the field, harvested the seed that survived. Essentially planting RR ready seed the following year.

    He knew the seed was contaminated yet used it anyway. He should have been sued.

  79. […] their crops. So Monsanto adds more injury by suing them. Another victory for MONEY. See article at . In this Canadian case, Monsanto actually ended up owning the crop of the offended party. Here’s […]

  80. love an article full of bias and skewed perspective. oh wait, that’s not an article, it’s an op-ed piece. and a terrible one at that, since there’s some major info that got left out. such as the fact that the farmer in question got sued not because he grew some cross-contaminated plants, but because he took said plants, saved the seeds, and planted them the following year. that resulted in not just a few plants from cross-contamination. that resulted in a harvest. a harvest from patented seeds that he did not purchase and whose patent he therefore violated. not only did multiple courts at multiple levels – including the Canadian Supreme Court – decide, after hearing all the facts from both sides, that said farmer did in fact violate the patent on said seeds, but that more than one court has acknowledged officially that Monsanto had never, at that point, taken any action against any “organic” farmer for having cross-contaminated crops on their land.

    “how can you patent life” is a bogus and irrelevant argument, they have not patented “life.” they are not patenting ALL corn and ALL soybeans, they have patented the specific strains of plants that have the specific gene traits that they researched and developed. which is another little fact that this author omits: that plant strains, including flower varieties, have been able to be patented for a very long time. Flower breeders in particular are known to patent the strains and varieties of flowers they produce. Just because Joe Blow’s Florist Emporium comes up with a particular variety of orchid, and patents that orchid, does not mean that they are patenting all orchids – just the Joe Blow Orchid, which means nobody else can grow Joe Blow Orchids for commercial purposes without purchasing a license from Joe Blow’s Florist Emporium, the patent holder on that breed of orchid.

    So yes, the earlier parallel comparing this to two manufacturers is actually accurate. The fact that it is a plant instead of a widget being produced is completely irrelevant to the point at hand. What is relevant is that this guy didn’t just say “hey there’s cross-contaminated plants here, ah what the hell I’ll just sell ’em anyway.” He took deliberate, planned action to use a patented item for commercial sale without purchasing a license to do so from the patent holder, which is illegal.

    • Dude, you are soooo far off-base. This farmer did not STEAL or TAKE Monsanto seed to harvest it or sell it. He is an ORGANIC farmer a.k.a. non-lethal, non-DNA corrupted substances. The most critical factor is IN FACT that Monsanto wants to patent LIFE. A living cellular life-form is very different from an inanimate object built or crafted using ordinary means. Splicing and dicing living organisms and claiming “ownership” of the DNA design and results (debacle) is an act of measurable illegality on an ethical foundation which has as of yet to be recognized by lawmakers. The ultimate climate and path for such a legal reinforcement of this nature is that Monsanto (or any other agency of profit) could and most likely will claim ownership of any and all “contaminated” species including human beings who not only by cross-contamination grow their seeds, but who by default of consumerism, eat them. In other words (wake up world) the very organisms that we consume and eat are these patented products who now for all intents and purposes are genetically manufactured and owned by Monsanto. This sounds outrageous, but so is legal terminology and assessment when misappropriated by profit-oriented millionaires. People need to be wary of what they eat, not only for the affliction that it causes to your physical body, but because any industry that profits from lying by omission and exploiting consumer trust has a much greater agenda long-term. Do the math.

      • Dude, you seemed to completely ignore everything he wrote and just wrote your feelings. Your feelings are not facts.
        Nor are GMO’s poison (your absurd ‘non-lethal’ assertion) or “corrupted”.
        Hyperbolic much, dude? Ignorant much, dude?

        You clearly have NOT THE SLIGHTEST IDEA how many crops were created, including so called organic crops before GMO’s. They used all sorts of technologies including radiation and chemicals that change the genes, which, by the way, are fine according to so called organic rules. As are many deadly pesticides because those pesticides are “natural”. Look up “natural fallacy”. One such group of pesticides are nicotine based, they have been linked to honey bee colony collapse disorder.

        I’m so sick of people opining on subjects they know little about using emotion and scare tactics.

  81. No matter how hard Monsanto has tried, they have not been able to prevent the spread of their patented genes into the agricultural ecosystem. Their environmental safety assurances are disproven. We have no way to grow GM crops safely.

    • “We have no way to grow organic crops safely.”

      Yes, it sounds stupid because it assumes, without evidence, that organic crops are unsafe. Just as you assume GM crops are unsafe. Which they are not.

  82. […] all uninvited, has pollinated another farmer’s standard, old-fashioned style crop, they have sued the farmers for royalties for stealing their seed–and the judge ruled in Monsanto’s… Hard to believe but it has happened more than […]

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