This just in from Gordon Watson in Vancouver:
“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