Canola - Genetic Modification Issues - Legal Issues

Legal Issues

Genetically modified canola has become a point of controversy and contentious legal battles. In one high-profile case (Monsanto Canada Inc. v. Schmeiser) the Monsanto Company sued Percy Schmeiser for patent infringement after he replanted canola seed that he had harvested from his field, which he discovered was contaminated with Monsanto's patented glyphosate-tolerant canola by spraying it with Roundup, leaving only the resistant plants. The Supreme Court ruled that Percy was in violation of Monsanto's patent because he knowingly replanted the resistant seed that he had harvested, but he was not required to pay Monsanto damages since he did not benefit financially from its presence. On 19 March 2008, Schmeiser and Monsanto Canada Inc. came to an out-of-court settlement whereby Monsanto would pay for the clean-up costs of the contamination, which came to a total of $660 Canadian.

In 2003, Australia's gene technology regulator approved the release of canola altered to make it resistant to Glufosinate ammonium, a herbicide. The introduction of the genetically modified crop to Australia generated considerable controversy. Canola is Australia's third biggest crop, and is used often by wheat farmers as a break crop to improve soil quality. As of 2008 the only genetically modified crops in Australia were canola, cotton, and carnations.

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