Here’s an excerpt from a story that appeared in the Western Standard, following yesterday’s press conference at Queen’s Park:
“At a press conference at Queen’s Park today, the Canadian Constitution Foundation (CCF) announced its support for a court case involving consumer choice, freedom of contract, and the right to earn an honest living free from government regulation that is arbitrary, unreasonable, unnecessary and unfair.
The case concerns Ontario dairy farmer Michael Schmidt, who has been providing unpasteurized milk to consumers for approximately 20 years without a single incident of illness attributable to milk borne germs.
Mr. Schmidt was charged in 2006 with numerous violations of the Milk Act and the Health Promotion and Protection Act, Ontario legislation that requires milk to be heated to at least 160 degrees Fahrenheit before it can be marketed.
Mr. Schmidt has contested both his guilt under the legislation, and the constitutional validity of the legislation itself. He argues that the ban on raw milk sales violates the guarantee of “life, liberty and security of the person” in the Canadian Charter of Rights and Freedoms. The ban also violates the Charter’s equality and non-discrimination rights.
His six-day trial ended in February, 2009. The court’s judgment is scheduled to be released on January 21, 2010.
Since Mr. Schmidt was charged in November, 2006, the size of the herd he manages has doubled. There is also a waiting list of consumers wishing to participate in Mr. Schmidt’s raw milk dairy.
The CCF has announced that it will represent Mr. Schmidt in ongoing litigation challenging the constitutionality of the raw milk ban.
“This is about the rights of Canadians to choose a product that is safely consumed by tens of thousands of people around the world. It’s also about the right to earn an honest living free from government regulations that are unnecessary, unreasonable and unfair,” said CCF Litigation Director Karen Selick…”