More on the “nuisance” of raw milk in Alberta — Judith Johnson and Eric Pudlo vs Alberta Health, January 10th

From Charlene — special to The Bovine — an eyewitness account of the court hearing of Judith Johnson and Eric Pudlo vs Alberta Health, Jan. 10th, 2011:

Glenn Jenkins from Alberta Health and their lawyer defending "the public" health laws

The Meaning of “Nuisance”

Dictionary Definition of Nuisance…

Obnoxious or annoying person, thing, condition, practice.
Something offensive or annoying to individuals or to the community
c.1410, injury, hurt, harm, to hurt.  Anything obnoxious to a community (bad smells, pests, eyesores)
In 1661 – source of annoyance, something personally disagreeable
To harm
Something (as an act, object, or practice) that invades or interferes with another’s rights or interests by being offensive, annoying, dangerous, obstructive or unhealthful.

Alberta Health’s Definition of Nuisance…


The roads were extremely icy and it took twice as long to get anywhere on Monday, January 10th but more than 28 people made the journey.  As they filled the room the members of the Appeal Board were noticeably amazed at the level of interest this case was attracting.

Michael Schmidt with Judith and Eric

Michael Schmidt represented Judith and Eric. Michael was in fine form!  First, he educated the Appeal Board Members on raw milk and the reason for pasteurization… shelf life.  They were given extensive information regarding pathogens and E coli.  There was information on all the product recalls in the past years including pasteurized milk products and twice mentioning the 20 deaths in Canada because of tainted meat.

Michael called on 5 people to testify.  He took the time to clarify every point made by those testifying including when they were cross examined by Alberta Health.  This proved very beneficial.

In the second half of the hearing there were two main topics.  First, the concept that cow-share members are private citizens that have entered a private agreement versus cow share members as “the public”.  Second, photos of the contents of Judith’s van at the time of seizure were examined.  It was very clearly insinuated that the plastic pop bottles that Judith uses as ice packs were indeed used for milk.  With the test results, of the contents of the cooler, in front of each member of the board Michael asked them to point out the results of the tests done on the contents of the pop bottles.  None were listed.

After five hours Michael and the lawyer for Alberta Health gave their closing comments.  We all left satisfied that we were heard and that when you know the truth you have peace of mind.  The outcome? Well, they still are deciding, but we know the truth.  Michael said that we were going to the Appeal to sow some seeds… that we did.

Do you know what the most important outcome of this Appeal Hearing was?  We all came together and backed up the people on the front lines that are providing healthy food and fighting for our Food Freedom Rights, that’s what really matters!

My Definition of Nuisance

Extremely icy roads = a nuisance, harmful, dangerous, annoying
Appeal hearing @ 9:00 a.m. downtown Edmonton = a nuisance, a source of annoyance, personally disagreeable.
Parking in downtown Edmonton = a nuisance, harmful ($34.00 to park), something personally disagreeable, offensive and annoying.
Not able to have my raw milk and cream from my cow-share = a nuisance, harmful, dangerous, invades or interferes with my rights, unhealthful.
Government policies to save me from myself = a nuisance, DANGEROUS!

Leaving Calgary airport after a day long educational session for lawyers in a highrise in Edmonton. Thanks to Michael Schmidt for this photo and the one at the start of this article.


Filed under News

2 responses to “More on the “nuisance” of raw milk in Alberta — Judith Johnson and Eric Pudlo vs Alberta Health, January 10th

  1. Beverley Viljakainen

    Thanks for spelling out an excellent updated definition of ‘nuisance’, Charlene. Overly controlling government surely = nuisance. Who would have ever thought it would be such a nuisance to be responsible for our own health, make informed decisions and have such a dickens of a time acquiring wholesome food!!! And thank you for sharing your time in court . . . seeds indeed are being sown, the germination period yet unknown.

  2. Thanks again to everyone for not only defending our food rights, but pushing forth for change. The industry strategy will leave them blind sided as Michael and Raw milk producers are already writing the standards for Raw milk production and operations. People drink Raw milk and it’s growing. The challenges against it only perpetuates more wide spread public education and information. It helps strengthen the movement, not weaken it.

    It’s a not matter of if change happens, it already is and has been for sometime.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s