Defense attorney Karen Selick, of the Canadian Constitution Foundation sends the following note:
The appeal will be heard at the Ontario Court of Justice in Newmarket, at 50 Eagle Street. This is NOT the same location where the trial was held. The security measures at this courthouse require everyone to go through a metal detector as they enter the building. The room is courtroom 100, downstairs. That is a fairly small courtroom and it is possible that some spectators may not be able to find seats. The presiding judge will be Justice Peter Tetley.
The date is Wednesday, April 13. The starting time is 9:30 a.m. It will probably take all day.
5 responses to “Defense factum now posted for the Crown’s April 13 appeal of raw milk farmer Michael Schmidt’s acquittal”
Karen Selick’s defense factum (linked to in the post above) is eminently readable and understandable. I’ve just finished reading it, and the experience was enjoyable.
Although there are a couple of legal maxims quoted in latin, generally speaking, there’s an absolute minimum of legalese to wade through, just clearly stated arguments of law and rights.
Speculation is that if the appeal proceedings run to a second day, it will not be continued on April 14th, but the continuation will be postponed to a later date or dates.
The defense factum is 27 pages. Solicitor Selick brings to the forefront the constitutional issues involved. It is very much a legal document and by no means an easy read, however I agree with thebovine that the legalese is manageable. Having now read it and knowing the important content, I highly recommend others read it. It is worth the time.
I have a newfound respect for what Solicitor Selick and the Canadian Constitution Foundation is doing for our rights as Canadians. This is important stuff.
Is there any paperwork from the Crown regarding the appeal? I would like to read their appeal and the appeal by Michael’s lawyer. It would give a better idea which angle each side is coming from.
OK, here once again is the Crown’s factum (paperwork) for this appeal: http://foodrightsalliance.ca/Factum%20of%20MNR%20on%20OCJ%20Appeal.pdf