Many people were wondering whether the Crown would appeal the not-guilty verdict that was handed down in Newmarket court January 21, 2010 on 19 charges stemming from an armed raid on Glencolton Farms in November of 2006.. The crown had until February 21 to file this appeal. The following are scans of the five pages of the notice of appeal:
44 responses to “Today the Crown filed an appeal of the Jan. 21 not-guilty verdict in the Regina v. Michael Schmidt raw milk case”
Read the judgement that’s being appealed — linked to from this post:
Best place to view the decision is at canlii. Search for r v schmidt or just click this link: http://www.canlii.org/eliisa/highlight.do?text=r+v+schmidt&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/on/oncj/doc/2010/2010oncj9/2010oncj9.html
I’m going to do a little armchair analysis of this appeal. Perhaps it will help someone. I have no lawyerly training so everything I say should be verified with a qualified attorney.
The first thing that comes to mind is: Why aren’t they appealing the offences under subsection 100(1) of hppa? Repeated here “100. (1) Any person who fails to obey an order made under this Act is guilty of an offence. R.S.O. 1990, c. H.7, s. 100 (1).” Those offences are related to a failure to obey the 17 February 1994 written order from Susie McLeod. I’m not sure why they are no longer interested in those offences.
More to come…
Looking forward to your analysis, shane.
Email it to thebovine AT gmx DOT com and we can put it up as a post.
Notice number (18) of the Grounds : the Attorney General intends to appear in person to make the oral arguments. This is a very big deal … rare, only done when someone wants to send a certain message.
They’ve left off pretending it’s about “protection of the public health” = really, it never was
Pretty sure they still are approaching it from the perspective of “protection of the public health” – or else they wouldn’t be appealing the 6 charges related to section 18(1) and the 8 charges contrary to section 18(2) of the HPPA; and the purpose of the Act is to protect the health of the people of Ontario.
I think line 15 (3) (c) in the appeal is very interesting. Guess that could conceivably get rid of the cow share loophole once and for all.
Best of luck in this next round Michael.
Some more thoughts… again I must point out that these are just the opinions of a layman.
15 (1) (a) Judge failed to determine if Schmidt operates a milk plant, distributes milk etc.
The judge does address this issue in section 56 of his judgment. Schmidt acknowledges that he does all of the above. Therefore he should be found guilty of all those offences, unless selling ‘only to paid-up members of his cow share program exculpates him.’ This applies to the charges under section 18 of hppa and section 15 of the milk act.
15 (1)(b) did the judge consider all evidence including crown witnesses?
To answer this question I guess I would have to read all the witness statements etc… however the judge seems to think that isn’t really necessary – I think pretty much everything the witnesses stated was accepted into fact, except for the small ‘sale or give away’ of some cheese.
15(1)(c) justice found no evidence… became ill… despite expert witnesses… cases…unreported and undiagnosed
I think the judge did a fairly good job analyzing the health risk relating to raw milk. In the case of Schmidts milk it appears there is no health risk. I expect this section to be overturned.
The justice found (158. b), 163 & 166) that Schmidts raw milk was tested by the crown and found to be safe for human consumption. The evidence directly contradicts the testimony of the crowns expert witnesses. The defense had witnesses that stated (12) that unpasteurized milk is perfectly safe and healthy. Additionally Schmidts testimoney (61. u) bullet 12 and 13) indicate that Schmidt frequently tests his heard and manure for human pathogens and that monthly testing of the milk is conducted. No human pathogens have ever been found through these tests. Of concern to me is (185 bullet 3) ‘in no way [does my decision to acquit] supports either side of the debate on whether the consumption of unpasteurized milk … is healthy or constitutes a health hazard.
15(1)(d) justice found no evidence…public were at risk…despite experts ‘danger to the broader community’
This issue is not specifically addressed in the judgment, however if there is no health risk, as found at trial, then there is no danger to the broader community. If 15(1)(c) is overturned then this should be as well.
15(2)(a) failed to place onus…exemption on the defence… balance of probabilities;
This is interesting and pretty much beyond me. It seems to say that the defence should create its own exception and is possible or required if the probability of injury is low.
15(2)(b) created a burden on the crown to establish that actual harm had occurred
Sounds like they are saying the crown can make charge him even if they have no evidence of harm. Logically this makes sense. If the crown had to prove that harm had occurred I think things like speeding would be much harder to prosecute.
Have any of you ‘armchair attorneys’ ever put the same effort into opposing a not-guilty verdict for an offense that is actually harmful or serious in nature? You are taking issue with a man who produces and shares pure, natural milk? Correct me if I am wrong, but he puts no gun to the head of its drinkers, does he? I am correct in assuming that this man produces a wholesome, organic food-product that meets a demand for the same? What about Joe Drugdealer three doors down who is cranking out ten thousand dollars of crystal meth a week? Good people…give your heads a shake. This world could use a few steps back to a simpler time. If it starts with raw milk, so be it.
I’ve read your comment four times, but I still don’t quite get it …. seems you urge us archair attorneys to appeal acquittals of people who truly are evil-doers.
I’ve only been wading through the cesspools of Her Majesty’s Courts in British Columbia for about 3 decades, so I don’t know as much as you – apparently – do, about criminal procedure. I did get recognized as a private Prosecutor along the way, even though I’m not a lawyer. Thus, you’ll have to take my UNlearned opinion with a grain of salt.
Pleas show us some law which enables a private citizen to put on the mantle of the Crown, so as to appeal a dismissal of a charge
I’m with you on the “returning to simpler days” theme. Read the Coronation Oath of Queen Elizabeth, which forms part of the Constitution of the Dominion of Canada, and makes the Bible the Royal Law. Let’s get busy reminding this nation about it’s heritage, and start enforcing the Law of God, jot and tittle … Shall we?.
No we should not. In this country, churches operate like any other corporation, yet with all the privileges of a public charity: greed under the guise of religion. It would be hypocritical to think that the religious institutions are any different than the DFO.
Gordon, Gordon, Gordon….apparently all of your legal expertise and title as “Private Prosecutor” did nothing for you in the area of literacy or perception. If you will read my earlier comment (yet again), you should see that I was not criticizing your abilities as a legal analyst, but questioning that someone as experienced and insightful as yourself would put so much effort into a case that, in my opinion, squanders tax-payer’s dollars. Though I have not laid out my resume as you have, I myself have enough experience in both the correctional and justice systems to know that examples are often made of the wrong people, at the cost of some of the much more dangerous falling through the cracks. As to your comments regarding “this nation’s heritage”, need I remind you that Native Peoples did not farm dairy cows?
This good farmer is producing wholesome milk. According to the verdict, adequate evidence exists to show that there has been no harm done as a result. Next case, please. The tax-dollar meter is running.
Things just have not changed.
It is control
In the early eighties there was a demand for local products in Huron county so I started to sell milk in Exeter Ontario about thirty five miles from the dairy. With in two days I had so many government inspectors together with Ontario’s largest dairy staff that there was not enough room in the dairy to hold them all–what an attack. I applied for the license on the grounds of the three biggest dairies in Ontario could go were they please why cant I . At a hearing one of the most powerful bureaucrats Bill Moore said this as he represented the Ontario government ” small dairies should not be allowed to get bigger because the biggest dairies can not compete on price with their large overhead” They the bureaucrats would come after me constantly from that point on and it got worse after I convinced the Minister of Agriculture to open up the zones to allow the few remaining independents to survive. Based on an unwritten policy Bill Moore had the dairy farmers stop shipping milk to my plant to get rid of me. Time to write part four of the last dairy
still one vote
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The meddlesome nature of these health agencies, both in Canada and the U.S. is the big reason we are all so unhealthy.
I think that artisan, heritage farming is a national treasure. It needs respect and homage not derision and destruction at the hand of government.
Unless these government bureaus are shrunk, they will continue in “make work” projects like trying to harass farmers out of business.
Bernie, I am just one vote, too, and I vote with you!
Here’s to North American Food Freedom. And health for all, wealth for farmers.
You big factory farmers better get with it and stand up for diversity in your industry, or you will lose all your market to faux milks, hemp, almond, soy, rice, need I say more?
Jamie Oliver Rocks! Buy farm fresh and cook it yourself. Maybe we should start a home pasteurization movement, wouldn’t that give them a fit!
Oh, I forgot, our governments think we can’t boil water unless they give us instruction. Well, I have news for them, this girl can cook!
Bernie, I’m one vote and I’m with you too. It’s good to hear so many people are aware, and the more this issue knocks the glass ceiling, the more others will hear about it. This silly attitude of “an average person can’t be informed about their health and food, and therefore shouldn’t have control of what they eat” is a glass ceiling that was never meant to be there. God owns us, He made us, and the Bible that He wrote is supportive of real food made the way He intended it to be made.
We are reminded we live in a very odd world when basic necessities of life are called “a serious health threat” and “risky”– it shows excessive naivety. When you control the masses, it’s easy to limit their freedom. We live in a strange country.
People, STAND UP AND VOTE!
If there’s nobody sane to vote for — then run for office and we’ll vote for YOU!
The good thing about these battles is that more people are becoming informed. It’s slow, but it’s very steady and gaining momentum. That is a VERY good thing.
Good heavens. Slap a warning label on my Moonshine and let me decide what to pour into my body – raw milk, cigarette tobacco, alcohol, caffeine, sugar, processed foods.
Am I going to have to pasteurize my infant child’s breastmilk at home? They pasteurize all the donated breastmilk of blood-tested donor mothers at British Columbia’s Hospital and Health Centre. I quit pumping for them… after I bought the $300 pump to do my part for a mother who couldn’t feed her child. What IS the world coming to? Can’t even have a wet nurse anymore or drink a glass of raw fluid milk. Am I a nursing mother or a rum runner?
I recognize this is month’s later, but I have to comment. I was raised on raw milk from a small family dairy that sold to the creamery. I nursed my children. I milked a cow (and a goat when the cow was dry) so my children would have the advantage of healthy milk. I hemorrhaged two weeks after the third was born and my baby and children went to stay with my sister, who was weaning her two year old – so she nursed my wee baby while I was in hospital pumping to keep my production going. I convalesced at my sister’s house after hospital, where I nursed my baby first and she offered him what he needed that I could not provide – until I was back to full production and could support him fully… and she was weaned off and dried up. Her two year old daughter seemed to understand happily. It was beautiful and my wee son was not traumatized by my scare and I was not traumatized by it either. He has always had a special feeling for that Auntie, even long before he found out why.
I milked cows through most of my children’s growing up years. The early years I was bailing water from the well and carrying it to the house in pails to wash dishes, diapers, and milk pails (not at the same time, of course. lol). I was careful and the milk was healthy. None of us got sick. We were examples of health – still are. I’m nearly 60 and take no prescribed medicines. I raised almost all of our food when the children were growing up. I made butter, yogurt, and cottage cheese. This was in the 1970s and 1980s. Now I am getting back to a similar life for myself, after some years of wondering away from it. My intention is to care for my good health in my ‘later’ years now.
What is the world coming to?
God, please bless us and help us.
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Life is getting waaay to complex! Let folks make, sell & buy what they want.
this Michael Schmidt is just too much – way beyond the usual Canadian and in my books he can do no wrong. Whatever he decides, this is what I support, and I am sure of God’s Guidance in this case all along, and with acquittal God’s Approval. We are on a roll!! Just keep on, that is all, with our thanks; how could we ever make it up to you, all the strain and effort?
I for one would like to say that I appreciate the legal analysis the most on this stream. For me it is not often that I get a chance to look through such documents.
I am beginning to feel, (we the consumers) have no right’s at all to what we want to put into our body’s, so doesn’t that go against our charter of freedom of rights!
yes it does. That’s why consumers need to understand their role in this mighty rights battle
Never give up and never surrender
For thirteen years I have asked the very government that is elected to protect our rights for a policy that was used to close my family dairy of thirty years .
I have letters from three Ministers of Agriculture stating that all dairies are treated equal and I have over whelming evidence that I and small dairies were destroyed in favor of the big three.
I was elected as a councilor in North Huron last election three votes shy of top votes
At a county council meeting while I was showing support to the new warden of Huron county , the reeve of North Huron the representative of Minister of Agriculture kept looking across the room at me.
During his address to the county council the deputy reeve of North Huron ask me to stand up in front of the county council as North Hurons new councilor.
As I stood up I looked to Carols representative who looked away
I did not look away as he stood up to tell the council how the Minister of Agriculture would help small business.
In your hardest hour think how to get free not who put you there
its a long journey and I am still one vote
Listened to your lecture at the Brantford Inventors club meeting.
You may want to considered filling an Ecclesiastical Deep Poll to the court prior to arriving…more details here:
God Bless, Truth and Love,
Did anybody notice how odd this statement is?
“In the course of his contextual analysis, the Justice of the Peace failed to take into account the Precautionary Principle which provides that whether there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;”
I mean if we were to use the same logic in other areas of agriculture, I am not sure GMO and many “modern” agricultural products (herbicides, pesticides, etc.) would be used.
Sorry for rambling, but that just seemed too hypocritical of a statement from the government to not comment on it.
My vote is for real food as well!
Hypocrisy is what it is. And how does organic farming come to degrade the environment? What twisted minds.
Issues of personal autonomy guaranteed in the constitution and by international treaties, should rise as the primary compelling arguments in this case whereas the Government is asserting a right to reign as a paternalist guardian, designating all grown adults in the province and in the nation, as helpless children with no ability to make informed decisions of their own free will. Under the protective care of government bureaucracy which now claims a superior ability to make personal health decisions by wide brush, while still claiming to preside, in service to the will of the people?
The inconsistencies here should be obvious as well as the consequences to governments, of allowing people to protect themselves, or not.
We could see the overthrow of personal autonomy and parental autonomy rights intrusions, a classroom curriculum aimed at degrading parental respect and authority, or such as seat belt laws and smoking bans on which that claimed authority relies. If the government wants to reverse the onus of proof to the defendant by the use of the “precautionary principle” they impose supreme authority as the norm and only proof of error can undermine that authority, placing a huge financial burden of legal costs and complication upon anyone who claims their rightful and sole domain over their own body.
In cases such as this, we have always been given the benefit of the doubt as our guide and the respect of government that assumes us innocent first while proof is required to find or claim otherwise. Control is place with the individual when deciding to pursue a medical treatment, drive a car on a highway, to go skydiving or even when choosing to wash windows on highrises as a profession. With information provided and choices made in light of the information available, that Doctors and Politicians have an obligation to provide, in its best possible factual form, with nothing left to the so called “precautionary principle” or the “common good” imposed as limitations on the necessity of that proof. Smoking bans could be consistent by traditional means by placing a sign on the door, however the political mood was intent on making life for a smoker as difficult as possible, in order to force them to purchase smoking patches and nicotine gum [alternatives], while launching what can only be described as a national hate campaign, through Health Canada no less. “Social marketing” and “Denormalization” go ahead and look it up incredibly they are both on Health Canada’s website and defined in Robert Proctors books, describing National Socialist policies of eugenics inferring “a duty to be healthy” before the war, almost word for word what you hear in the press, as the norms of obligations and civic duty again today.
Similar strategies are being developed today to battle obesity and alcohol consumption, with a long list of campaigns listed for micromanagement of individuals, at the World Health Organization’s website, described as HIA Health interventions and similarly; EIA environmental assessments.
IOW industrial modeled control processes, which survive by persistence, of correcting mistakes when the process fails and reinventing itself anew. Processes not to evaluate circumstances and make government decisions as described, when approved for government funding. But as the description defines within the process; to install a new norm in social structures, by decisions already made, before the so called “best practices” investigation was funded.
The only consistencies seen through all of these so called “Public Health” campaigns, is that they follow the same model seen in 1930s Germany; segregate by playing a fear card to the majority in the media and a duty to protect the children as the major political plank. All will serve the conflicted financial interests of so Called “Stakeholder Partners” at the World Health Organization who seek to profit by utilizing publicly funded “Public health” agencies and the willing soap box professionals [or prostitutes] we see in the mainstream news every day.
All of this is factual provable and openly admitted for/to anyone who takes the 15 minutes it would take to look, with a simple Google search.
Health Impact Assessments [HIA] and Environmental Impact Assessments [EIA] are never an investigation of whether or not to proceed with any controversial proposal.
But rather how to proceed from a legal perspective; and get away with it.
Someone needs to embarrass the powers that be, by asking the elected officials and hopefuls; if they understand that the ban on whole milk runs absolutely contrary to existing superior court decisions defining “a woman’s right to choose” entitling abortion rights. Such an obvious promotion by the current government might lead many to believe that such rights may be the real target of a Government, who claims to infer supreme power over someone’s body and what they may or may not consume.
Further in light of the ban on traditional whole milk consumption, with entirely controversial and entirely financially conflicted “science” to sustain that ban, could we understand that the Government is in reality only promoting with the public purse, the many products, made necessary and opportunistically more expensive, by the institution of such laws and the highly compressed number of businesses, authorized to distribute them.
Law forbidding pasteurized milk.
Exodus 34:26 … Thou shalt not seethe a kid in his mother’s milk.
That has NOTHING to do with pasteurisation – it merely has to do with boiling, i.e., cooking a “kid” (young goat recently born) in his mother’s milk,
I read it as wean one child before having another. Each child thus being the sole force behind the creation of its milk.
With havin so much content do you ever run into any issues of plagorism or copyright violation? My website has a lot of completely unique content I’ve either written myself or outsourced but it seems a lot of it is popping it up all over the web without my authorization. Do you know any methods to help stop content from being stolen? I’d really appreciate it.
Coleen : So if some one won a court case in which the decision turned out to be of benift to you would you be willing to pay that person a comission evrey time you used that victory for your self because it really was there victory to begin with right?
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