Home on the Range cowshare, which works on an agistment (animal boarding) arrangement is located near Chilliwack B.C. and supplies some 200 families in the greater Vancouver area with farm fresh raw milk, produced for raw consumption (as distinct from for pasteurization). Seems they’ve been served with yet another order to cease and desist distributing. Here is Gordon Watson’s written responses to the legal counsel for the Minister of Health and the Fraser Health Authority:
“…Earlier today I emailed you a NOTICE which I have served on the Fraser Health Authority, concerning another Order to Cease+Desist distributing raw milk.
I wonder if it is possible for you to talk some sense into your clients, so I don’t have to go through the exercise in Court, again?
Having read my material, you must admit there is a strong legal argument that milk from our privately-owned dairy is not caught by the Health Act nor the Milk Industry Act . This thing could be settled out of Court if your clients would simply admit they made a mistake.
The latest Order issued to our depot at Rockweld Farm reminds me of when I was running my portable sawmill, up in Cypress Bowl. Then – 33 years ago – it was simply out of the question to be milling lumber within a provincial park. But the Ranger found a way to ‘walk around’ the bureaucracy’s policy so we could turn some of the finest timber in the world, into top quality lumber. They then used it to build the ski resort facilities. Otherwise, those logs would have been bulldozed into a gulley as landfill. On the wall of his office was a sign :
“in the government, there’s never enough time to do it right, but there’s always enough time to do it over”.
Common sense prevailed and we went ahead and produced many thousands of board feet of real wealth, versus the wasteful results of the bureaucratic mindset.
Similarly ; the actions of your clients are adverse to the overall mandate of the Health ministry. I believe that Inspector Dhillon was told NOT to take a sample of our raw milk because the directing mind of the FHA knows full well that the wording of the labels on our jars undoes the rationale of an Order under the Health Act. Pretending to enforce the letter of the law meanwhile ignoring the big picture, your clients come off as wasters of time, energy and goodwill … not forgetting, tax dollars.
You cannot be ignorant that our dairy has been operating successfully for almost two years. Not one person has been made ill by the raw milk from our cows, that we know of. Meanwhile we have dozens of reports of consumers’ health improving … some quite dramatic.
We have a waiting list of people who want a share in the herd so they can get REAL MILK, even though it winds up costing twice the price of the ersatz stuff, mislabelled ‘homo milk’. We have proved our point ; informed consumers are voting with their $$s.
Refusing to even talk to me about the protocol for certifying a farm to retail raw milk, the Milk Marketing Board has proven incompetent, acting contrary to what was expected from the Report into milk marketing,which was the basis for its quota system. The best thing the govt. can do is get out of the way and let the free market do what it does best.
There are dozens of things to do on the farm at this time of year. I should be out there helping our agister with the practicalities, as she demonstrates daily how dairying ought to be done, versus the failed, Stalinist-era concentration camps for animals. I resent being drawn away from my work – which is to create real wealth – having to wade-through the Court process to teach your clients which way is up regarding the laws about milk. I very much begrudge the time so-stolen when I could be enjoying springtime with the herd, as the grass is coming up, and facilitating expansion of our farm.
Such loss of opportunity translates into a claim for damages / compensation. Therefore I am warning all-concerned that my patience with the studied stupidity of officials who hinder us, is at an end. The deadline for starting an appeal of the Order of Inspector Dhillon is Monday March 30th 2009. If that Order is not formally revoked by Thursday March 26th 2009, with notification to me by close-of-business that same day, then I shall originate an appeal in the Supreme Court on Friday March 27th 2009. Shortly afterwards, I shall file a lawsuit naming as Defendants the Minister of Health, Inspectors Dhillon and Rice, the Fraser Health Authority and persons yet to be ascertained, for malfeasance of public office. Note Bene : not mis feasance … MAL feasance.
In Ontario, in the case of Michael Schmidt, the Defendant has until the middle of May to put in his final written argument. After which the Crown has a final submission sometime in June. When they adjourned, the Justice of the Peace did not set a date by which he will hand down a ruling. I believe it would be best if my appeal of Inspector Rice’s Order upon Alice Jongerden were to be set for hearing in September 2009, conditional upon a decision in Regina versus Schmidt”.