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Profile: Don Todd
Don Todd was a participant or observer in the following events:
Monsanto secures a court order permitting the company to take plants from Percy Schmeiser’s canola fields. Monsanto believes that Schmeiser is illegally growing the company’s patent-protected Roundup Ready Canola. Schmeiser is aware that some of his canola is resistant to Roundup but denies that this is the result of any willful action on his part. He claims to have never purchased or otherwise obtained Monsanto’s Roundup Ready Canola pedigree seed. He thinks the presence of plants resistant to Roundup is the result of cross-pollination or seeds blown from a nearby farm or off passing grain trucks. [Washington Post, 2/3/1999] Monsanto, in a letter to the court dated August 12, says it will notify Schmeiser’s lawyer before entering onto Schmeiser’s property. The sample is to be collected in the presence of Schmeiser and split between Monsanto and Schmeiser so each party can have it tested separately. According to Schmeiser, Don Todd (Robinson Investigation) and James Vancha (Monsanto), arrive unannounced and do not allow him to accompany them. However, Todd and Vancha will dispute Schmeiser’s version of events in court testimony, saying the farmer had declined to participate because of a “bad leg.” Instructions contained in the court order do not specify that they use any sort of representative sampling technique that could be used to determine what percentage of Schmeiser’s canola plants are resistant to Roundup. Rather, since Monsanto is interested only in proving the presence of the patented gene in Schmeiser’s fields, Todd and Vancha are just asked to randomly collect a total of 54 samples from Schmeiser’s 9 fields (27 for Monsanto and 27 for Schmeiser). In spite of the fact that no method is employed to ensure that the composition of the samples are representative of the composition of the fields, Monsanto will later cite test results based on these samples when making assertions in court about the percentage of Roundup-resistant plants growing on Schmeiser’s farm (see January 1999)
[Federal Court of Canada, 6/22/2000, pp. 21 ; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 24-25 ]
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