Court Case Re Contaminated Feed

[crossfield_beef]

Farmer hopes to file lawsuit over mad cow feed. This article is on the CTV news website. http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20061016/madcow_suit_061016/20061016?hub=Canada
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A Quebec farmer is seeking permission to launch a class-action lawsuit against the federal agriculture department and a feed company, alleging their failure to protect against mad cow disease led to a crisis in the cattle industry.


Donald Berneche of Joliette, Que. wants the Quebec Superior Court to approve the suit, the first in Canada to result from the crisis that saw international borders closed to Canadian beef.


If the suit is approved, it will cover all those affected in Quebec and could lead to other lawsuits across the country.


As well as the agriculture department, the lawsuit also targets Ridley Inc., a company that makes animal feed from bone meal and brain meal.


"But (Berneche) is only the lead man, seeking damages on behalf of all 20,000 cattle producers in Quebec," CTV Montreal reporter Herb Luft said outside the courthouse in Montreal.


"And we could be talking another 100,000 farmers in the rest of the country -- or $20 billion in lawsuits in damages -- so potentially this is very, very huge."
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It may seem that this is a positive step towards forcing the feed companies into responsibility, I feel that the negative publicity will have more effect in forcing the feed processors to sell safe feed. Unfortunately, in any industry the customer is the boss. If large feedlots can save money and turn out a superior product, they will accept ( and may even demand) feed that will give them an advantage, even if that feed has a remote chance of being contanminated.

[rkaiser]

C-A-M-E-R-O-N Go Cameron Go.

Just too bad that the packer that sold the MBM to FeedRight coudn't be identified as Cargill.

[grassfarmer]

What a complete waste of time on something that can't possibly succeed. I think what you have got is called circumstantial evidence at best not proof which you would need to get a conviction. Won't happen. I thought you didn't buy the "contaminated feed" theory anyway rkaiser?

[rkaiser]

Transmission of misfolded prions is what I do not believe grassfarmer.

Possible contamination of an unfortunate diner on the remains of another animal contaminated with rouge metals (a BSE cow) -- I do believe.

Funny part about Mr. Pallett and myself meeting on the web and then enjoying a number of candid phone calls was the way we first met. I was like you grassfarmer. Skeptical, and even made fun of his approach; as the defense would simply have to resort to something like spontaneous or (as the Americans call it) atypical BSE to blow him away.

Cameron is definitely a believer in transmission of misfolded prions - I am not. In fact our ideas of how the Canadian cows contracted BSE differ significantly. I even have a hard time seeing the Canadian cows becoming contaminated with metals from feed but do see it as remotely possible. But that has not detracted from a common goal of having the government of this country admit and be responsible for the mess that producers are facing in this country.

The Feds and Ridley (Feed Rite) knew exactly what would happen if BSE was discovered in this country yet refused to see MBM (rouge metal contaminated feed in my mind)as a defence. Ridley (in Australia) had stopped many of the MBM practices that Canada continued years prior.

I am not going to say that Carmen will have an easy time of this grassfarmer but I certainly wish him luck and have offered any assistance and all the support that I can to him.

If our commucapitalist government wants to keep ignoring the fact that every policy they have set in motion since BSE hit Canada has simply helped the multinational agenda and put a band aid on the decapitated ranchers head, I for one would like to see them squirm at the very least.

Like I said before - I only wish this class action would have included a packer like our dear Cargill who pushed the government rules to allow them to sell their MBM to companies like Feed Rite.

[Willowcreek]

Might be easier to prove than a guy thinks. The government will have to admit to the MBM oral transmission theory or else go against everything they have been professing under their "sound science" policy- and that removing SRM's makes beef safe...

Could get interesting...

[crossfield_beef]

Sorry for commenting on my own thread, but it occurred to me this morning that this endeavour may serve as a wake up call to the feed processing industry. However it also increases the element of risk involved in the feed processing business and these costs will eventually be forced onto the beef producer. In a true market the cost would get handed down to the consumer, who is the real driving force in this economy. But I think the trickle down effect will most likely stop at the beef producer.
On another note we can be glad that the general economy in Canada is strong. People who are working hard eat beef. People who are out of work or have had their incomes cut recently do not eat as much beef. When people eat less beef the beef producer gets squeezed.

[cpallett]

Grassfarmer,

You sound like perfect Judge material to me. You know, the 'don't confuse me with the facts cuz I've already made up my mind' attitude. To be fair, I have to admit you might well have a point but for the fact that three gutsy producers fought the destroy order on their British cattle back in the spring of 1994 and I have copies of the complete court files of their battles here in my office. Tough for the Feds to back up on what they put into the Federal Court as evidence, especially when they attach a certificate that says that they 'certify that the documents attached to this certificate are true copies of the original relevant documents that were used and considered by the Department of Agriculture and Agri-Food in the decision making process'. They stack almost twice as high as my daughter who is about to turn two years and three months old. Think that might help?

Let me tantalize you with a very brief excerpt from a memo to the Minister of Agriculture dated November 22, 1991. "The issue in Canada, then, is not one of BSE in cattle. Rather, it is one in which the rendering industry, as it seeks to preseve and expand markets for meat and bone meal, may cease its recycling of sheep offal."

crossfield_beef,

You may have a point at the end of the day, but the period where we allege the negligence occurred is Jan. 1990 to Jan. 1997 inclusive. There is NO hint or suggestion of anything but total competence and skill once the CFIA was created in June of 1997. Opinions may vary, but that is the party line and we are sticking to it. Given that the damage has already been done, the current risks to the feed industry are minimal.

Canada has the safest (and by far the tastiest) beef in the world. Period. I've said it before and I will keep on saying it. It has the benefit of being true.

Keep up the good work all, and remember to keep your powder dry and your guns pointed downrange.

[mb_rancher]

Well said Cameron!! Im glad we have individulas that are sticking up for us and fighting for the truth. We appreciate what you are doing.

[Joe-2]

If this case makes it to trial(mighty big "if"),Ridley et al, and the Gov't of Canada's defence will be....."transmission through feed is an UNPROVEN THEORY".
They will win the case on this basis.
You heard it here first, folks.
Don't count on it ever getting to court.
I wish Mr. Pallet and his clients luck.

[grassfarmer]

Cpallett, I don't claim to be a good judge but I've been aware of and affected by BSE a lot longer than you have. It's affected my beef business since 1989 with a respite only between 2000 and 2003. We discussed it for years in Europe before you knew what it was here, to no avail. Don't misunderstand me, I don't accept the "official theory" of the cause of BSE and think it has been a total travesty that all the cost has been downloaded on beef producers. I just know you are on a hiding to nothing proving a Government was liable. It couldn't be done in Europe and it won't be done here. The best thing is to let BSE slip from the radar screen completely and move on - hell,the public reaction to BSE in North America has been a mere ripple compared to the tidal wave it was in Europe. If you want someone to sue why don't you go after the packers? it would be a damn sight easier proving their guilt in the Canadian BSE scam to wipe out ranchers income.

[cowman]

I think grassfarmer has pretty well got the right idea? Let it go, no one else in the world really cares.
Hopefully the Canadian government learned something from this whole fiasco and is working with other countries to avoid these silly "the sky is falling" scenarios, that can spawn crazy trade actions and inspire goofy groups like R-CALF to get up on their pulpit.