Percy Schmeiser
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Percy Schmeiser (5 January 193113 October 2020) was a Canadian businessman, farmer, and politician. In 1954, he took over the operations of the family owned farm, gas station, and farm equipment dealership. He renamed the farm equipment dealership Schmeiser's Garage and added a second farm equipment dealership in
Humboldt, Saskatchewan Humboldt is a city in the province of Saskatchewan, Canada. It is located 113 km east of Saskatoon at the junction of Highway 5 and Highway 20. The city is surrounded by the Rural Municipality of Humboldt No. 370. History Named after Ger ...
(Central Farm Sales) in 1986 and oversaw their operations until their sale in 2003. He became an international symbol and spokesperson for independent farmers' rights and the regulation of
transgenic A transgene is a gene that has been transferred naturally, or by any of a number of genetic engineering techniques, from one organism to another. The introduction of a transgene, in a process known as transgenesis, has the potential to change the ...
crops A crop is a plant that can be grown and harvested extensively for profit or subsistence. When the plants of the same kind are cultivated at one place on a large scale, it is called a crop. Most crops are cultivated in agriculture or hydroponics ...
during his protracted legal battle with multinational agrichemical company
Monsanto The Monsanto Company () was an American agrochemical and agricultural biotechnology corporation founded in 1901 and headquartered in Creve Coeur, Missouri. Monsanto's best known product is Roundup, a glyphosate-based herbicide, developed in th ...
. While farming, he specialized in
breeding Breeding is sexual reproduction that produces offspring, usually animals or plants. It can only occur between a male and a female animal or plant. Breeding may refer to: * Animal husbandry, through selected specimens such as dogs, horses, and rab ...
and growing
canola Close-up of canola blooms Canola flower Rapeseed oil is one of the oldest known vegetable oils. There are both edible and industrial forms produced from rapeseed, the seed of several cultivars of the plant family Brassicaceae. Historically, i ...
, field peas,
mustard Mustard may refer to: Food and plants * Mustard (condiment), a paste or sauce made from mustard seeds used as a condiment * Mustard plant, one of several plants, having seeds that are used for the condiment ** Mustard seed, seeds of the mustard p ...
, and wheat. He is the subject of the 2009 film ''David Versus Monsanto'' and the 2020 film ''
Percy The English surname Percy is of Norman origin, coming from Normandy to England, United Kingdom. It was from the House of Percy, Norman lords of Northumberland, derives from the village of Percy-en-Auge in Normandy. From there, it came into use ...
''.


''Monsanto v. Schmeiser''

In 1997, Schmeiser found volunteer
canola Close-up of canola blooms Canola flower Rapeseed oil is one of the oldest known vegetable oils. There are both edible and industrial forms produced from rapeseed, the seed of several cultivars of the plant family Brassicaceae. Historically, i ...
plants and a number of
weed A weed is a plant considered undesirable in a particular situation, "a plant in the wrong place", or a plant growing where it is not wanted.Harlan, J. R., & deWet, J. M. (1965). Some thoughts about weeds. ''Economic botany'', ''19''(1), 16-24. ...
s growing along the road in one of his fields. He testified that he sprayed these weeds in what is commonly known as a "spring burn." This practice eliminates weeds prior to planting of the crop, as weeds take valuable moisture away from the crop during germination. Schmeiser surprisingly found that a number of these volunteer canola plants had survived after the spring burn, potentially meaning they had developed a resistance to chemicals. As it was only the second year that Roundup Ready canola was available for use, this was highly unusual.Federal court of Canada
Monsanto Canada Inc. v. Schmeiser Date: 20010329 Docket: T-1593-98
Retrieved November 25, 2012.
He testified that his intention all along was to plant canola in that field as it was fallow (not planted the year before), as it was part of his crop rotation to prevent disease. In seeking the potential of the largest return, he typically planted canola in a fallow field. When he then harvested that crop approximately 90 days later, the thought that any other part of his field may be contaminated with Roundup Ready canola was the furthest thing from his mind. Following farmers' long standing rights to save and use their own seed, Schmeiser saved all of canola from that and his other fields and kept a small amount aside for planting in 1998. The rest of his canola was sold to a nearby processing plant. Without Schmeiser's permission or knowledge, Monsanto trespassed onto his fields and took samples of his canola plants during the first stage of germination. Monsanto then approached him to pay a "technology use fee" for using Monsanto's patented technology without a license. Schmeiser refused, stating that there was no intent to use Monsanto's product, that he didn't spray his fields with Roundup (the only benefit of Roundup Ready canola) and claimed that the actual seed was his because it was grown on his land. After demands and threats, Monsanto sued Schmeiser for patent infringement on August 6, 1998. For the next several years, the case traveled through the Canadian court system. The initial focus of Monsanto's action was that they were seeking $15/acre (1030acres X $15. = $15k) plus costs, as they claimed Schmeiser had Monsanto's technology in his possession without paying for it, even though the court found that Schmeiser did not spray any of his canola with Roundup. Monsanto stated that this was immaterial; as he had their technology on his fields. Over time, Monsanto changed their approach that the case was done on principle, not financial; solely that they had a valid patent, and they would use a valid patent to sue other farmers. Meanwhile, Schmeiser became a popular figure among those opposed to
genetic engineering Genetic engineering, also called genetic modification or genetic manipulation, is the modification and manipulation of an organism's genes using technology. It is a set of technologies used to change the genetic makeup of cells, including t ...
. He accepted speaking engagements around the world. Schmeiser continued to face threats and harassment from Robertson Investigations; a firm hired by Monsanto to enforce their patent. Ultimately, in a split decision from the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
, Schmeiser won a 9–0 ruling that he did not have to pay Monsanto their technology-use fee, damages, or costs. The court ruled that Schmeiser did not receive any benefit from Monsanto's technology, but still ruled in a 5–4 decision that Monsanto had a valid patent, and that unintentional possession didn't matter, thus Schmeiser infringed on the patent.Canadian Supreme Court Decision
A film about Schmeiser's fight with Monsanto, with
Christopher Walken Christopher Walken (born Ronald Walken; March 31, 1943) is an American actor. Prolific in film, television and on stage, Walken is the recipient of numerous accolades including an Academy Award, a BAFTA Award, and a Screen Actors Guild Awar ...
as Schmeiser, was released the week before Schmeiser's death on October 13, 2020.


''Schmeiser v. Monsanto''

On August 11, 1999, Schmeiser filed a separate lawsuit against Monsanto for ten million dollars for "libel, trespass, and contamination of his fields with Roundup Ready Canola". As of 2007, Schmeiser had not started to prosecute that lawsuit. In 2002 Schmeiser's wife, Louise Schmeiser, filed suit against Monsanto for $140 plus costs to remove contamination of her organic garden with volunteer GM canola; the case was dismissed. Schmeiser again discovered Roundup Ready Canola growing in his fields in 2005, even though canola had not been planted in that particular field since 1998. He contacted Monsanto to have the company remove it, but when Monsanto conditioned doing so on Schmeiser signing a confidentiality agreement and a release from litigation, Schmeiser had the cleanup done and billed Monsanto for the $660 cost. When Monsanto refused to pay, Schmeiser sued in small claims court. On March 19, 2008 Monsanto settled out of court, paying the $660 without stipulation.


Other accomplishments

Schmeiser spent over 40 years in various political roles and community service. He served as mayor of
Bruno Bruno may refer to: People and fictional characters *Bruno (name), including lists of people and fictional characters with either the given name or surname * Bruno, Duke of Saxony (died 880) * Bruno the Great (925–965), Archbishop of Cologne, ...
from 1966 to 1983, and also as member of the
Legislative Assembly of Saskatchewan The Legislative Assembly of Saskatchewan is the legislative chamber of the Saskatchewan Legislature in the province of Saskatchewan, Canada. Bills passed by the assembly are given royal assent by the Lieutenant Governor of Saskatchewan, in the na ...
for the Watrous constituency for the
Liberal Party of Saskatchewan The Saskatchewan Liberal Party is a liberal political party in the Canadian province of Saskatchewan. The party was the provincial affiliate of the Liberal Party of Canada until 2009. It was previously one of the two largest parties in the provin ...
from 1967 to 1971. Schmeiser was elected again as a town Councillor of
Bruno Bruno may refer to: People and fictional characters *Bruno (name), including lists of people and fictional characters with either the given name or surname * Bruno, Duke of Saxony (died 880) * Bruno the Great (925–965), Archbishop of Cologne, ...
in 2003 and served as the deputy mayor until 2009. While serving in the provincial legislature from 1967 to 1971, Schmeiser was on the MLA committee that selected Saskatchewan's flag. 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 The Gandhi Global Family medals and awards are awards offered by the Gandhi Global Family for contributions to society. Gandhi Global Family (GGF) Medals/Awards Mahatma Gandhi Awards The Mahatma Gandhi Award is the highest award conferred ...
for working for the good of society. In 2007, Percy Schmeiser and Louise Schmeiser were named winners of the
Right Livelihood Award The Right Livelihood Award is an international award to "honour and support those offering practical and exemplary answers to the most urgent challenges facing us today." The prize was established in 1980 by German-Swedish philanthropist Jakob v ...
(often referred to as the alternative Nobel Prize):


Death

Schmeiser died on October 13, 2020 at the age of 89 from
Parkinson's disease Parkinson's disease (PD), or simply Parkinson's, is a long-term degenerative disorder of the central nervous system that mainly affects the motor system. The symptoms usually emerge slowly, and as the disease worsens, non-motor symptoms becom ...
.


Quotes


In film

* ''The Future of Food'' – 2004 * ''GMO Monsanto vs Percy Schmeiser'' – 2005 * ''Percy Schmeiser : David versus Monsanto'' – 2009 * ''Seeds of Death: Unveiling the Lies of GMOs'' – 2012 * ''Seeds of Freedom'' – 2012 * ''
Percy The English surname Percy is of Norman origin, coming from Normandy to England, United Kingdom. It was from the House of Percy, Norman lords of Northumberland, derives from the village of Percy-en-Auge in Normandy. From there, it came into use ...
'' – 2020


References


Further reading

* *


External links

*
Timeline of Percy Schmeiser v. Monsanto Company case



Percy Schmeiser speaks at Biodemocracy
– 51 minutes * {{DEFAULTSORT:Schmeiser, Percy 1931 births 2020 deaths Canadian activists Canadian people of German descent Farmers from Saskatchewan Mayors of places in Saskatchewan Saskatchewan Liberal Party MLAs Neurological disease deaths in Canada Deaths from Parkinson's disease