Roundup Ready Dandelions

In a five to four split decision, our Supreme Court decided that industry giant Monsanto could hold a patent on a gene they developed for Canola. This gene and the modified cells that make up the plant, makes canola plants more tolerant of the herbicide Roundup. Roundup Ready canola and soybeans allow the farmers to spray more herbicide on the fields, killing more weeds and thus giving higher yields per hectare of canola and soybeans.

The Court decided that a patent on genes was allowed since Monsanto genetically engineered the gene that in effect created a new plant. This engineering was formerly left up to Mother Nature, who did not bother filing patents. Farmers and botanists have been cross-breeding and grafting plants for hundreds of years without filing a patent. Just think what we would be paying for peas if Mendel had filed! I note that Monsanto has stopped work on the development of Roundup Ready wheat due to public reaction.

Farmer Percy Schmeiser is not the only one having problems with Monsanto. It seems that Monsanto’s genetically modified seeds are being used all around the world. Monsanto now makes farmers sign a Technology Use Agreement so the farmer will not save seed from one year for next years’ crop seeding – a familiar farming practice.

Monsanto had sued Schmeiser for using seeds without paying for them. Schmeiser held that the wind had blown the genes into his field and the Court could not dismiss this possibility. Schmeiser also proved that he had made no financial gain from the errant seeds. In an interesting aside, Pierre Trudeau once remarked during a fishery boundary dispute off the East coast, that setting a boundary was useless because fish swim. It seems plants spores can fly over fences too.

The problem is that farmers are now suing Monsanto for contaminating their crops with Genetically Modified seed. It seems that many people do not want to buy food that has been genetically modified. Especially, they do not want food that has been grown in fields heavily sprayed with herbicides because the plant is more tolerant of Roundup. I suppose Monsanto could come up with a modified human gene that will tolerate GM grains. Roundup Ready people.

While the Canadian Supreme Court seems to have delivered a Solomon-like decision by allowing the patent but disallowing the suit against the farmer, the question should be asked of how this came to the Supreme Court. Obviously our politicians have passed a law that says we can hold patents on creating new life forms.

Or have they? Is this another example of how the Supreme Court is interpreting what they think the populace desires based on non-specific references of law? Is the Court listening to corporate lobbyists because the government has not clearly stated its position on genetics? Did the Court take direction on the decriminalization of marijuana, on same-sex marriage? Did the Court refer to our Charter of Rights, the BNA or the even the Christian Bible as a basis for decision?

Perhaps it is time to review who and how judges are appointed to the Court and whether the government should be drafting better legislation instead of deferring matters to the courts. There is suspicion in some quarters that the Court is too often making law instead of interpreting it, although that may be the result of poor law drafting by the same set of people.

By the Monsanto precedent, will the Court apply the ruling to traditional plant breeders as well as the gene-engineering chemists? Genetically modified plants, animals, people - where will it end? And like the Monsanto experience, who is liable when things go wrong? How do we stop the spread of GM ‘things’ when they are not seen as being in the common good?

But now I must confess that I too, have been dabbling in the modification of genes. When I first heard the rumour of rumblings that the City was going to think about perhaps banning pesticides sometime in parts of the City near one lake, I began a project to save the dandelions. You see, I like dandelions. They are a pretty yellow flower, some almost as brilliant as Mayor Vic’s ties. In the future they may even be North Bay’s City Flower (taraxacum officinale fedelis). They are delicious in salads and they make a tolerable home-brew wine (nutty, with a slight after taste of bee pee).

I began my project two springs ago. I sprayed a very small diluted amount of herbicide (purchased without license at Wally Mart) on the leaves. Not enough to kill the plant, only enough to build up the dandelions’ defence mechanism. The little Monsanto engineer that lives inside every plant, goes to work and tells the genes to watch out for this Roundup-like herbicide. Last year, the dandelions were about 33% tolerant, so I continued my work.

Like the legendary Johnny Apple Seed, I travelled around under cover of darkness spraying little drops of Killex on dandelions. This year I expect those little white parachute seeds from my dandelions to be about 66% tolerant. By next year, my Roundup Ready dandelions will be taking over lawns all over the city! Machiavelli has nothing on me.

Unlike Monsanto, I do not hold nor seek patents for my Roundup Ready Dandelions, nor do I ask anyone to sign a Technology Use Agreement. I’m only doing it for the dandelions. I just hope my neighbours don’t take me to the Supreme Court. My only defence would be that the City Pesticide Bylaw is unenforceable . . . and open to interpretation.