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    More on the Ridley lawsuit

    By TERRY WEBER

    Monday, April 11, 2005 Updated at 11:59 AM EST

    Globe and Mail Update

    A class-action suit seeking $7-billion on behalf of Canadian cattle producers was launched Monday, charging that Ottawa's “gross negligence” resulted in the mad-cow crisis that brought this country's beef industry to its knees.

    The suit, filed in Toronto on behalf of farmers from across the country, argues that a federal monitoring program lost track of 80 out of 191 imported cows, which were supposed to be monitored for signs of mad-cow disease (bovine spongiform encephalopathy, BSE).

    The suit also claims that at least one of the cattle, which came to Canada from Britain in the late 1980s, was eventually ground up into feed, ultimately infecting a number of cattle which ate it.

    “By the government's own admission, one or more of those 80 cattle are the most likely source of BSE in Canada,” Cameron Pallett, one of the lawyers representing the farmers, said.

    “Where was the monitoring? Where was the government's concern for the health of Canadians?”

    The suit also names the company that allegedly made the feed: Ridley Corp. Ltd. Lawyers for the farmers charge that the company should have known that the feed was contaminated by BSE.

    In a statement of claim, the suit argues that Ridley's Australian parent company stopped using cattle remains in cattle feed in Australia in 1996. However, the suit says, the company continued to use cattle remains in Canadian feed products until the practice was banned by the Canadian government in August, 1997.

    “Ridley knew the risks they were taking,” Mr. Pallett said. “They voluntarily stopped using cattle remains in their feed products in Australia in May of 1996 after discussions with Australian government representatives concerning the potential disaster that would result if BSE became an issue for the Australian cattle and beef export industry, which is the largest in the world.

    " Ridley figured they could get away with it here.“ The allegations contained in the suit have yet to be proven in court.

    Canada's beef industry was hammered following the discovery of a case of mad-cow disease.

    The United States banned all imports of Canadian cattle and beef in May, 2003, after the discovery of a single case in Alberta. Two other cases have since been discovered.

    Plans by the U.S. Department of Agriculture to ease trade restrictions earlier this year – the move would have allowed importation of Canadian cattle under the age of 30 months – hit a roadblock, when a U.S. judge granted a U.S. industry group's request for an injunction.

    In Monday's suit, lawyers for the farmers say the Canadian industry has lost $7-billion so far as a result of the BSE crisis and that cattle producers “deserve to be fully compensated.”

    #2
    While this is all fine and dandy, but isn't this just going to make R Calfers jump up and say.........LOOK!

    While their (Canadian group) intentions might be to help all producers, I think that this lawsuit will just make it more difficult to get the border open..........

    Comment


      #3
      What absolute stupidity this campaign is. Which farmers are they acting on behalf of? - certainly not me. Are we supposed to give up our well founded suspicions that there may be an alternative causes of BSE other than the "contaminated feed" theory in a cheap attempt to get compensation out of the Federal Government. Bearing in mind that the Government don't actually have any money - what this is asking for is extra taxpayer money for beef producers. To what end ? the problems we face now have little to do with BSE and another handout of taxpayer money is not the answer. We must tackle the true causes of the current crisis - corporate America's control of our industry rather than taking cheap shots at Ottawa in the hopes of making an easy buck.
      I hope this stupid scheme falls by the wayside - most of these litigation moves going on just now are a complete waste of time, money and effort. They are distracting producers attention away from more important issues. The lawyers must be laughing all the way to the bank.
      I'll alert Mark Purdey to the fact that Ridley Inc need a good defense witness in this ridiculous case - he certainly deserves better than to be living on welfare which he has been reduced to as a result of a Government and scientific community blacklisting campaign.

      Comment


        #4
        What is sad, grassfarmer, is that the government needs an industry group to tell them that they screwed up, without realizing it themselves. Past the crap about ruminent feeding being the source of BSE and yadda yadda, is the fact that the government bureaucracy, aka CFIA, wasn't holding anyone accountable to the rules after the feed ban. If any cross-contamination was evident at any plant, CFIA should have mandated that separate mechanical systems be used for ruminent and non-ruminent sources. No exceptions.

        This suit probably won't be successful, but hopefully it will open the governments eye's just a crack to realize that they should darn well be enforcing regulations if they are going to create them.

        Comment


          #5
          I heard that this lawsuit actually originated in Quebec. I'm sure there might be another hidden agenda in this groups actions though I'm not going to be the one to suggest it though!

          We're all victims of a trade action by the USA. I don't think anything will be gained by sueing a feed company that really had no way of testing their feed ingredients. If they did......... then the costs would only be passed on to the farmer. Testing for dioxins, PCP's, heavy metals, medications, mycotoxins, and now prions........would take forever, and add to the costs. If we all buy from REPUTABLE sources, then we should trust the products

          Comment


            #6
            Is Free Market Beef going to sue this group and the 100,000 Canadian producers they are representing for libel/slander, now that they are saying much of what R-CALF and the US producers have been alledging???????

            Comment


              #7
              Who are these guys that are suing the Feds and Ridley???
              They are claiming they represent 100,000 producers. That would pretty much be all of us wouldn't it???
              I was certainly never asked to join their class action!!! Were any of you???
              Yesterday was the first time I'd even heard of this.
              Who ARE these guys??????

              Comment


                #8
                www.bseclassaction.ca

                this will take you to a site that will explain a few things.

                Comment


                  #9
                  It's kind of like shutting the barn door after the horse is gone isn't it?

                  I'm not sure the timing is right for this kind of thing, but it sure is an indication of frustration. Perhaps the lesson to be learned by government here is that they should listen BEFORE it comes to this.

                  If cattle producers felt our elected officials really meant all they have been saying about helping the cattle industry maybe it wouldn't have come to this. We've listened to two years of platitudes and "Just wait for science" to open markets up, and I guess these guys have reached the point where they just don't believe it any more.

                  I would rather have seen the government actually DO something to get this BSE mess straightened out than to see this lawsuit. For all their hollering about helping new packing plants, for example, they haven't given one thin dime to Rancher's Choice in Dauphin. All talk no action. That can only go on so long.

                  More lawyers are going to get richer, and we will all be worse off.

                  Comment


                    #10
                    now that the luantics and lawyers are here to kill any survivors i hope that the federal government will mandate 100% testing of all slaughter animals. it would put us in a position where the states would have a hard time challenging boxed beef on health and safety issues and would be opening themselves up to retaliatory trade actions which is the only language they understand. it should stop american beef coming into the eastern canadian market. if japan is as good as their word it would open up that market; we could mimic their safety standards which would add value to carcasses. when i heard of this lawsuit i thought it was really spitting in the soup; i wish these guys hadn't found these opportunistic lawyers but we maybe can use it to bring the feds, cca, cfia and abp into the twenty-first century.

                    Comment


                      #11
                      Willowcreek: I have read the Statement of Claim and do not see where this action in any way reinforces what R-Calf has been trying to claim.

                      The BSE prevention measures undertaken by Canada have been harmonized with the United States from the very beginning. The United States imported live cattle from Britain as well and continued to import ruminant protein from the UK just like Canada. I myself am no a fan of legal action to solve our BSE crisis, but I am sure that once the U.S. recognizes BSE in its herd, R-Calf will be the first to file a similar law suit.

                      Nowhere in this suit is it alleged that Ridley/Feed-Rite contravened any regulation, the allegation is that the governments (and by default I would suggest the U.S. government as well as the Canadian government since they were acting together through harmonized regulations and procedures) and Ridley should have been more aware of the risks of BSE and therefore more cautious in their respective approaches to BSE prevention. Hindsight is 20/20.

                      Given the degree of harmonization that did take place between Canada and the United States, it is extremely unlikely that the U.S. does not have BSE. The Statement of Claim illustrates a number of possible avenues by which BSE could have entered both the U.S. and Canadian cattle herds. Apparently in the last instance the BSE positive animal was indicated to have eaten 18% Calf Starter. Willowcreek, how many animals do you think would have been given 18% calf starter on your side of the border. And there is a 50/50 chance if there was ruminant protein in that calf starter that that protein came from the U.S.

                      My understanding is that in the broad context, R-Calf is alleging is that Canadian beef is not safe. We all know that is a bunch of crap and you know it too. But I would allege, and I think this is a fair statement, that the incidence of BSE in the U.S. would likely be very similar (i.e. very low) to the incidence of BSE in Canada due to the almost identical BSE prevention procedures and identical risk factors involved. I would further allege that the U.S. is covering up occurrences of BSE in their country. I would further claim and allege that the U.S. is unfairly closing the border to Canadian live cattle for purely economic reasons. That is my Statement of Claim for R-Calf.

                      How long can R-Calf and the U.S. government cower like a kicked dog behind the U.S. border and avoid taking responsibility for their actions?

                      Comment


                        #12
                        farmers_son: How long can R-Calf and the U.S. government cower like a kicked dog behind the U.S. border and avoid taking responsibility for their actions?

                        probably for years. they are pushing us to where our safety standards will have to be far superior to theirs. i think we should make the leap and then use our superior standards to put american beef at a disadvantage in any market we can. the way things are going we will end up doing more testing so let's get at it. maybe we should be harmonizing our regs. with the japanese. didn't the us recently allow imports of japanese beef? the model is in front of us. if the americans can accept product from japan, we have to bring our beef to the same standard as the japanese. this should be done before the americans can shut down the boxed beef market because it would make the move smoother. there is demand for our beef; let's just put it out as a product that can't be criticized on some technicality because the r-heifers will be playing this hand until it's trumped.

                        Comment


                          #13
                          I would be very surprised if the U.S. allowed any beef imports from Japan.

                          Even under the USDA proposed rule Japan would not be considered a miminal risk country. Last time I checked I believe they have 15 positive cases of BSE.

                          Comment


                            #14
                            I saw the lawyer for these bunch that are suing the government on Canada AM this morning. I, personally, think its going to take alot to judge what happened in 1990-1993 by today's standards. Hindsight is 20/20. Mistakes were made, fingers were pointed. I'd like to see the government work more on getting some slaughter capacity and developing other markets but I don't think this suit is going to help our situation at all.

                            Comment


                              #15
                              Informed decisions require information. I suggest you take a lesson from farmers_son, go to www.bseclassaction.ca and read the statement of claim before you make up your mind one way or the other.

                              Comment

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