What Ontario’s appeal of the Michael Schmidt case could mean for cow-share members over in British Columbia

This just in from Gordon Watson in Vancouver:

Home on the Range cowshare member Linda milks her own cow! Photo from Gordon Watson's Bovinity website

“Two weeks ago the Fraser Health Authority brought on a Petition in the Supreme Court of BC for an Order to have our private dairy shut down. We prevailed in that round. Had Madame Justice Gropper believed that the milk produced by our cows was an imminent threat to the health of the public, she certainly would have issued an injunction at the end of the hearing. But she didn’t.

No doubt the single biggest factor which influenced her was the Reasons for Judgment in the case of Regina versus Michael Schmidt, in which he’d been acquitted on charges of selling raw milk, contrary to the laws of Ontario. Early in the going on the day of our hearing, I handed up to the judge those Reasons. I’m sure the presence of Michael Schmidt, sitting in Court with us, had an impact on her, too.

Last week, the Attorney General of Ontario appealed the verdict in the Schmidt case. So some, but not all, of the issues at his trial will now be re-considered by a higher Court. An intriguing aspect of the appeal is that the Attorney General himself will present the oral argument when it gets to the Ontario Court of Justice. This is very rarely done. It signals the government thinks the issues are of great importance.

For us in BC, this development is not as good as if the Crown had not appealed, but it’s still good news for members of all the dozens of cowshares, across Canada. While the legal process grinds along, we have a couple of years to get ourselves organized so that cowsharing will be a fact of life. When hundreds of cowshares are producing REAL MILK for thousands of informed consumers, strength in numbers will assure that production will continue in one legal guise or another, regardless of what the Court says.

Michael Schmidt said from the outset that he will see this issue through to the Supreme Court of Canada, if necessary. Lawyer Karen Selick has come alongside to assist with his challenge to the constitutionality of the laws pertaining to raw milk. Usually, it take years for a political issue – which is what this always has been – to grind along to the top rung of the Court ladder. All that while, the Health Authorities in BC, and in other provinces, ought to stand back while the legal questions are before the Courts.

Madame Justice Gropper left the courtroom February 1st, after pronouncing “judgment is reserved”. It used to be a rule of thumb in BC, that six months was the most you’d wait for a decision. These days, it’s taking a year in some cases. The intelligent thing would be for her to hold the decision in abeyance until the Ontario Superior Court rules on the appeal in the Schmidt case.

The governments of Ontario and British Columbia have made a serious blunder by digging themselves in to a position they cannot win. The scientific evidence is against them, so the farther they go in the Courts, the greater the ultimate embarrassment. And that embarrassment won’t be limited to their opinion about raw milk. These are the people who say they’re so smart they know better than we do, what we ought to put in our mouths. A loss in Court will cause ordinary people to think for themselves, rather than mindlessly accept the dictates of the Health nazis.  People taking responsibility for their own lives : what a concept!

The website  thebovine.wordpress.com has regular updates on the Micheal Schmidt case.  His Glencolton farm has not missed a day of production during his ordeal. With proof of concept, dozens of other cowshares all over Canada are producing the best food in the world.   The REAL MILK is still flowing in British Columbia today … Praise God!

Gordon S Watson

Justice Critic, Party of Citizens Who Have Decided To Think For Themselves & Be Their Own Politicians

Photo Galleries on Gordon Watson’s Bovinity website

4 Comments

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4 responses to “What Ontario’s appeal of the Michael Schmidt case could mean for cow-share members over in British Columbia

  1. Walter's Dad

    From this post: “The governments of Ontario and British Columbia have made a serious blunder by digging themselves in to a position they cannot win.”

    On the contrary, in BC anyway, it appears that Alice Jongerden and the Home on the Range shareholders are the ones who made the serious blunder… http://www.ctvbc.ctv.ca/servlet/an/local/CTVNews/20100318/bc_milk_court_100318/20100318?hub=BritishColumbia

  2. hey Dadeo … I notice on the CTV comments page, your ignorance writ large
    contrary to your assertion that
    “Fraser Health is just enforcing the laws that have been created by the people of British Columbia via our elected politicians.”,
    when I put in a Freedom of Information request for all the material in front of the Legislature concerning the rationale for outlawing raw milk, the reply was “there is none”. So that law is predicated on … ( wait for it) … nothing. So much for Reason-ableness in the process, eh?

    As for “real evidence” of the superiority of REAL MILK over the pale, insipid denatured devitalized whitish ersatz fluid merchandised as “homo milk” … it’s there to be found for those with the intellectual integrity to appreciate it. Much of it half a century or more, old. And never rebutted. Such as the Royal Commission into milk marketing done in BC in 1955. The Report of which is in the Royal Archive in Victoria. Perused it lately? Of course not, Walt Snr. ….you and the rest, entranced by the false advertising of the dairy cartel don’t even realize it exists. So I guess it’s up to the likes of me to re-invent the wheel for you, is it?
    The handiest example of the superiority of raw milk is the fact that par-boiling milk – known as Pasteur-ization, to the ignoramuses – destroys the very enzyme which enables the human body to metabolise calcium in the milk. And the dairy cartel knows that … So their full page ads directed to women, telling them that cooked milk is the answer to osteoporosis, are false advertising.
    Oh, I could go on, but you’ve obviously walled yourself in from learning, so I’ll save my breath for the Court of Appeal.

    Gordon S Watson
    Justice Critic, Party of Citizens Who Have Decided To Think For Ourselves & Be Our Own Dairy

    • Walter's Dad

      I agree Gordon, save your breath. You’ve essentially brain-washed yourself into believing that all the drivel spouted by the WAPF is scientifically validated fact and irrefutable. I doubt anyone is going to be able to convince you otherwise. It is clear that you do a lot of reading (and that’s normally a good thing), but unless the information is properly interpreted, assessed, and validated it is meaningless. The mere fact that you are referencing the 1955 Royal Commission milk marketing document as “evidence” just goes to show that you have no idea how to truly “prove” whether or not raw milk is a nutritionally superior product.

      Comprehensive studies that can withstand scientific scrutiny and peer review MUST be done if you expect to validate the “benefits” of raw milk. The current body of evidence is not strong enough, and does not convincingly support your claims. Although you obviously lack the insight to recognize this, I believe that Mr. Schmidt has mentioned this type of thing on previous postings on this site. We should explore his ideas on this further – maybe WAPF could provide $$ for these studies, rather than relying solely on propaganda campaigns.

      As for your inevitable date with the Court of Appeal, you may wish to get some real legal advice. When representing yourself, your track record is less than enviable.

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