{{Short description|Canadian farmer, businessman, and politician (1931–2020)}} {{Use Canadian English|date=January 2023}} {{POV|date=April 2022}} {{Use mdy dates|date=September 2019}} {{Infobox officeholder | name = Percy Schmeiser | image = PercySchmeiser2.jpg | image_size = 220px | caption = Percy Schmeiser in Stuttgart (2008); | birth_date = {{birth date|1931|1|5|mf=y}} | birth_place = Bruno, Saskatchewan, Canada | death_date = {{death date and age|2020|10|13|1931|1|5|mf=y}} | death_place = |awards = Right Livelihood Award | office = MLA for Watrous | term_start = 1967 | term_end = 1971 | predecessor = Hans Broten | successor = Donald Cody | party = Saskatchewan Liberal Party | religion = | occupation = Farmer }} '''Percy Schmeiser''' (1931–2020) was a Canadian businessman, farmer, and politician who ran a family farm operation in Saskatchewan for decades and later served in municipal and provincial politics. He gained international recognition for his landmark legal battle against the multinational agrichemical company Monsanto. He became a prominent advocate and symbol for independent farmers' rights and the regulation of transgenic crops, and was the subject of numerous films and documentaries, including ''Percy'' (2020).
== Background == Percy Schmeiser was born on January 5, 1932 into a family of farmers in Bruno, Saskatchewan.<ref name="Encycl">{{Cite web |title=Percy Schmeiser |url=https://thecanadianencyclopedia.ca/en/article/percy-schmeiser |access-date=2026-05-23 |website=thecanadianencyclopedia.ca |language=en}}</ref> Growing up, Schmeiser assisted with his family’s farming operations as well as their various other businesses. As a young adult, Schmeiser attended the Radio College of Canada in Toronto where he earned a diploma in radio and television technology.
Thereafter, Schmeiser returned to Saskatchewan, and in 1954, 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 in 1986, opened a second dealership location in Humboldt, Saskatchewan (Central Farm Sales). He remained involved in business operations until the dealership was sold in 2003.<ref>{{Cite news |date=2020-10-27 |title=Farmer Percy Schmeiser who fought Monsanto became a hero of the anti-GMO movement |url=https://www.theglobeandmail.com/canada/article-farmer-percy-schmeiser-who-fought-monsanto-became-a-hero-of-the-anti/ |access-date=2026-05-23 |work=The Globe and Mail |language=en-CA}}</ref>
Schmeiser began his political career at the municipal level in Bruno, serving as a town councillor in 1961 before being elected mayor in 1963.<ref>{{Cite web |title=Percy Schmeiser |url=https://thecanadianencyclopedia.ca/en/article/percy-schmeiser |access-date=2026-05-23 |website=thecanadianencyclopedia.ca |language=en}}</ref> From 1967 to 1971, Schmeiser served in the Legislative Assembly of Saskatchewan, representing the electoral district of Watrous as a member of the Saskatchewan Liberal Party.<ref>Mel Hinds, "Liberals Win". ''Regina Leader-Post'', October 12, 1967.</ref><ref>{{Cite news |date=2020-10-27 |title=Farmer Percy Schmeiser who fought Monsanto became a hero of the anti-GMO movement |url=https://www.theglobeandmail.com/canada/article-farmer-percy-schmeiser-who-fought-monsanto-became-a-hero-of-the-anti/ |access-date=2026-05-23 |work=The Globe and Mail |language=en-CA}}</ref> During this time, Schmeiser was on the MLA committee that selected Saskatchewan's flag.<ref>{{Cite web|title=Flying high: Saskatchewan flag celebrates 50 years|url=https://leaderpost.com/news/local-news/flying-high-saskatchewan-flag-celebrates-50-years|access-date=2020-10-24|website=Regina Leader Post|language=en-CA}}</ref>
While farming, Schmeiser specialized in breeding and growing canola, field peas, mustard, and wheat.
=={{Anchor|Monsanto vs Schmeiser}} ''Monsanto v. Schmeiser''== {{Main|Monsanto Canada Inc. v. Schmeiser}}In 1997, Schmeiser, who was routinely known for saving and cross-breeding his seeds, found out that his neighbors that year were using Roundup-Ready (RR) crops. To clear stray volunteer canola plants near the road and around utility poles nearby, he sprayed Roundup throughout the area. Finding that some of it was stray plants from his neighbors, he sprayed a three-acre unused overgrown field nearby to find more RR crops and collected their seed. <ref name="Peek">{{Cite journal |last=Peekhaus |first=Wilhelm |date=2011 |title=Primitive Accumulation and Enclosure of the Commons: Genetically Engineered Seeds and Canadian Jurisprudence |url=https://www.jstor.org/stable/41290191 |journal=Science & Society |volume=75 |issue=4 |pages=529–554 |issn=0036-8237}}</ref>
Monsanto inspectors tested plants along the road as a part of their contract with Schmeiser's neighbors and warned him about not using any of the seed. Early in 1998, Schmeiser had the saved RR seed cleaned at a local facility and sowed it across 1,030 acres of his fields. The inspectors retested his fields and the cleaning facility that year, finding a high concentration of RR crops.<ref name="Peek"/> Monsanto subsequently contacted Schmeiser demanding payment of a “technology use fee” for not having paid for a planting license for the crops.<ref name=":0">{{Cite journal |last=Busch |first=Nathan |date=2002-01-01 |title=Jack and the Beanstalk: Property Rights in Genetically Modified Plants |url=https://scholarship.law.umn.edu/mjlst/vol3/iss2/1 |journal=Minnesota Journal of Law, Science and Technology |volume=3 |issue=2 |pages=1 |doi=10.24926/15529541.3740 |issn=1552-9541}}</ref> Eventually, Monsanto commenced legal proceedings against Schmeiser for infringement of their intellectual property rights.<ref name=":0" />
The case worked its way through the Canadian court system over the following years. Monsanto initially sought $15 per acre across 1,030 acres, totaling $15,450, plus costs, on the grounds that Schmeiser possessed their patented technology without authorization. Schmeiser claimed that he never benefitted from the seeds, as he hadn't used Roundup on them after sowing.<ref>Matin Phillipson, ''Agricultural Biotechnology and the "Early-Working" Exemptions Under the Patent Act'', 2007 44-4 ''Alberta Law Review'' 765, 2007 CanLIIDocs 182, <<nowiki>https://canlii.ca/t/2d3v</nowiki>>, retrieved on 2026-05-23</ref> Monsanto argued this was irrelevant, as mere possession of the technology by Schmeiser was sufficient to ground their claim. In effect, Monsanto’s position was that they held a valid patent and intended to enforce it.<ref>{{Cite journal |last=Cullet |first=P. |date=2005-01-01 |title=Monsanto v Schmeiser: A Landmark Decision concerning Farmer Liability and Transgenic Contamination: Monsanto Canada Inc v Schmeiser |url=https://doi.org/10.1093/envlaw/eqi004 |journal=Journal of Environmental Law |volume=17 |issue=1 |pages=83–108 |doi=10.1093/envlaw/eqi004 |issn=0952-8873}}</ref><ref>{{Cite web |title=Comment on Monsanto Canada Inc. v. Schmeiser {{!}} CanLII |url=https://commentary.canlii.org/w/canlii/2004CanLIIDocs104 |archive-url=http://web.archive.org/web/20200921025920/https://commentary.canlii.org/w/canlii/2004CanLIIDocs104 |archive-date=2020-09-21 |access-date=2026-05-23 |website=commentary.canlii.org |language=en}}</ref>
During this period, Schmeiser became a prominent voice in the movement against genetic engineering, accepting speaking invitations around the world. He also continued to face pressure and harassment from Monsanto trying to enforce their patent rights.<ref>{{Cite web |title=Saskatchewan Farmer Battles Monsanto, Sues Them Back |url=https://www.iatp.org/news/saskatchewan-farmer-battles-monsanto-sues-them-back |access-date=2026-05-23 |website=www.iatp.org |language=en}}</ref>
The case ultimately reached the Supreme Court of Canada. In a split decision, Schmeiser prevailed on financial grounds, as the court ruled unanimously (9-0) that he owed Monsanto no technology-use fee, damages, or costs on the basis that he had derived no benefit from their patented trait. However, in a 5-4 ruling on the underlying patent question, the court held that Monsanto’s patent was valid and that unintentional possession of the patented gene still constituted infringement.<ref>{{Cite web |title=Comment on Monsanto Canada Inc. v. Schmeiser {{!}} CanLII |url=https://commentary.canlii.org/w/canlii/2004CanLIIDocs104 |archive-url=http://web.archive.org/web/20200921025920/https://commentary.canlii.org/w/canlii/2004CanLIIDocs104 |archive-date=2020-09-21 |access-date=2026-05-24 |website=commentary.canlii.org |language=en}}</ref> An independent analysis that had been ordered by the court found that over 95% of Schmeiser's fields in 1998 had been RR crops. The judicial decision stated that Schmeiser's arguments could not "reasonably explain the concentration or extent of Roundup Ready canola of a commercial quality evident" as having come from wind, insects, passing cars, or other sources related to his neighbor's farms like he had claimed.<ref>{{cite journal |last1=McHughen |first1=Alan |last2=Wager |first2=Robert |date=December 31, 2010 |title=Popular misconceptions: agricultural biotechnology |url=https://www.sciencedirect.com/science/article/abs/pii/S1871678410004036 |journal=New Biotechnology |volume=27 |issue=6 |publisher=European Federation of Biotechnology |pages=724-728 |doi=10.1016/j.nbt.2010.03.006 |access-date=May 24, 2026}}</ref>
A film dramatizing Schmeiser’s legal battle and starring Christopher Walken was released just days before Schmeiser’s death on October 13, 2020.<ref>{{cite web|url=https://deadline.com/2018/09/christopher-walken-christina-ricci-anti-gmo-percy-movie-1202457071/|title=Christopher Walken & Christina Ricci To Topline Anti-GMO Indie 'Percy'|website=Deadline Hollywood|first=Amanda|last=N'Duka|date=September 4, 2018|accessdate=May 23, 2026}}</ref>
== {{Anchor|Schmeiser vs Monsanto}} ''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".<ref>Adrian Ewins for the Western Producer. August 19, 1999 [http://www.producer.com/1999/08/legal-battle-over-patented-canola-set-for-next-june/ Legal battle over patented canola set for next June]</ref> As of 2007, Schmeiser had not started to prosecute that lawsuit.<ref>{{Cite book |last=Phillips |first=Peter W. B. |url=https://books.google.com/books?id=zj9tfUPKgeMC&dq |title=Accessing and Sharing the Benefits of the Genomics Revolution |last2=Onwuekwe |first2=Chika B. |date=2007-05-09 |publisher=Springer |year=2007 |isbn=978-1-4020-5822-6 |location=Dordrecht, Netherlands |pages=58 |language=en}}</ref>
In 2002, Schmeiser's wife, Louise Schmeiser, filed suit against Monsanto for $140 plus costs in small claims court to remove contamination of her organic garden with volunteer genetically-modified canola; the case was dismissed after the judge noted that they had presented no evidence that the canola was RR crops in the first place.<ref>{{Cite news |date=2005-06-30 |title=Schmeisers lose again to Monsanto in GM case {{!}} The Western Producer |url=https://www.producer.com/2005/06/schmeisers-lose-again-to-monsanto-in-gm-case/ |archive-url=http://web.archive.org/web/20200926063522/https://www.producer.com/2005/06/schmeisers-lose-again-to-monsanto-in-gm-case/ |archive-date=2020-09-26 |access-date=2026-05-24 |work=The Western Producer |language=en-US}}</ref>
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 himself, billing Monsanto for the $660 cost. When Monsanto refused to pay, Schmeiser sued in small claims court.<ref>Sean Pratt for the Western Producer. May 31, 2007 by Sean Pratt [http://www.producer.com/2007/05/schmeiser-renews-monsanto-battle/ Schmeiser renews Monsanto battle]</ref> On March 19, 2008, Monsanto settled out of court, paying the $660 without stipulation.<ref name="Hartley2008">{{cite news | first=Matt | last=Hartley | title=Grain Farmer Claims Moral Victory in Seed Battle Against Monsanto | date=March 20, 2008 | work =The Globe and Mail | url =http://www.commondreams.org/archive/2008/03/20/7784 | accessdate = 16 November 2009 }}</ref>
==Awards== Schmeiser was the recipient of the Merit Award for Dealer of the Year in 1984 by the Saskatchewan Manitoba Implement Dealers Association. In 2000, he received the Mahatma Gandhi Award for working for the good of society. He is also a recipient of the Canadian Health Food Association Hall of Fame Award.<ref name="Encycl"/> In 2007, Percy Schmeiser and Louise Schmeiser were named winners of the Right Livelihood Award.<ref>{{cite web | title = Right Livelihood Award: 2007 – Percy & Louise Schmeiser| url = http://www.rightlivelihood.org/schmeiser.html | publisher = Rightlivelihood.org| accessdate = 3 October 2007| url-status = dead | archiveurl = https://web.archive.org/web/20071010212400/http://www.rightlivelihood.org/schmeiser.html | archivedate = 10 October 2007}}</ref>
==Death== Schmeiser died on October 13, 2020, at the age of 89 from Parkinson's disease.<ref>{{cite web |title=Percy Schmeiser, farmer known for fight against Monsanto, dead at 89 |url=https://www.cbc.ca/news/canada/saskatchewan/percy-schmeiser-dead-89-monsanto-1.5761714 |website=CBC |accessdate=14 October 2020}}</ref>
==In film== * ''The Future of Food'' – 2004<ref>Morgan Spurlock Presents on May 30, 2004 :The Future of Food</ref> * ''GMO Monsanto vs Percy Schmeiser'' – 2005<ref>FluxRostrum on June 12, 2005 [http://fluxview.com/USA/Original-deProgramming/GMO-Monsanto-vs-Percy-Schmeiser Fluxview USA: GMO Monsanto vs Percy Schmeiser]</ref> * ''Percy Schmeiser : David versus Monsanto'' – 2009<ref>{{Cite web |title=Percy Schmeiser vs Monsanto: The Story of a Canadian Farmer's Fight to Defend the Rights of Farmers and the Future of Seeds |url=http://www.democracynow.org/2010/9/17/percy_schmeiser_vs_monsanto_the_story |access-date=2022-06-03 |website=Democracy Now! |language=en}}</ref><ref>World Cat [https://www.worldcat.org/oclc/610039101 Percy Schmeiser : David versus Monsanto. My father's garden. Sekem : born of the sun]</ref> * ''Seeds of Death: Unveiling the Lies of GMOs'' – 2012<ref>Enlightened Consciousness [http://www.enlightened-consciousness.com/seeds-of-death-unveiling-the-lies-of-gmos-full-movie/ Seeds of Death: Unveiling the Lies of GMO’s – FULL MOVIE Yvonne Holterman – April 4, 2015]</ref><ref>{{Cite web|title=Seeds of Death, Unveiling the Lies of GMOs – Dharma Documentaries|date=July 5, 2013 |url=http://dharma-documentaries.net/seeds-of-death-unveiling-the-lies-of-gmos|access-date=2020-10-24|language=en-GB}}</ref> * ''Seeds of Freedom'' – 2012<ref>Edward Goldsmith Website [http://www.edwardgoldsmith.org/1362/seeds-of-freedom-2012/ Seeds of Freedom (2012) by The Editors · June 15, 2012] {{Webarchive|url=https://web.archive.org/web/20150923233940/http://www.edwardgoldsmith.org/1362/seeds-of-freedom-2012/ |date=September 23, 2015 }}</ref><ref>{{Cite web |date=2016-03-05 |title=New film 'Seeds of Freedom' raises global voices against GM {{!}} Pambazuka News |url=https://www.pambazuka.org/global-south/new-film-seeds-freedom-raises-global-voices-against-gm |access-date=2022-06-03 |website=Pambazuka News |language=en}}</ref> * ''Percy'' – 2020
==References== {{Reflist}}
==Further reading== *{{cite news |website=CBC News |url=http://www.cbc.ca/news/background/genetics_modification/percyschmeiser.html |title=Indepth: Genetic Modification – Percy Schmeiser's battle |publisher=Canadian Broadcasting Corporation |date=May 21, 2004 |accessdate=November 25, 2012}} *{{cite news |first=Corinne |last=Cluis |url=http://www.scq.ubc.ca/?p=36 |title=Rounding up the Schmeiser Case: Benefit and Liability Issues of Transgenic Crops |work=The Science Creative Quarterly |issue=6 |year=2011 |accessdate=November 25, 2012}}
==External links== {{commons category}} * {{official website|http://www.percyschmeiser.com/}} * [http://www.historycommons.org/timeline.jsp?timeline=seeds_tmln&seeds_legal_actions=seeds_legalMonsantoVSchmeiser Timeline of Percy Schmeiser v. Monsanto Company case] * [http://decisions.fca-caf.gc.ca/en/2002/2002fca309/2002fca309.html Appeal ruling, Federal Court of Appeal] * [https://web.archive.org/web/20080503051307/http://www.phillyimc.org/en/node/42436 Percy Schmeiser speaks at Biodemocracy] – 51 minutes * {{IMDb name|id=3675610}}
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{{DEFAULTSORT:Schmeiser, Percy}} Category:1931 births Category:2020 deaths Category:Canadian activists Category:Canadian people of German descent Category:Farmers from Saskatchewan Category:Saskatchewan Liberal Party MLAs Category:Deaths from Parkinson's disease in Canada Category:20th-century mayors of places in Saskatchewan Category:20th-century members of the Legislative Assembly of Saskatchewan