Judge’s decision on the Province of Ontario’s appeal of Michael Schmidt’s January 2010 acquittal on raw milk charges postponed til Sept. 16, 2011

News today, via Michael Schmidt’s lawyer, Canadian Constitution Foundation Litigation Direction Karen Selick:

I received a fax today from Justice Tetley saying that the decision in the R. v. Schmidt appeal will not be ready on the July 8 target date. Instead, he expects to have it ready for September 16. The letter also says that the decision will be forwarded to counsel on that date (presumably by fax), and that it will not be necessary for either the lawyers or Michael Schmidt to come to court.

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24 Comments

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24 responses to “Judge’s decision on the Province of Ontario’s appeal of Michael Schmidt’s January 2010 acquittal on raw milk charges postponed til Sept. 16, 2011

  1. thebovine

    I don’t read any more into this than can be seen at first glance. Presumably other work came up that prevented Justice Tetley from devoting the necessary time to working through this case by the earlier July 8th target date.

  2. Gordon S Watson

    when the Establishment’s authority is challenged, after “deny deny deny”, its next line of defence is …”delay delay delay”.
    “the System” is booting the problem over the horizon of time, counting on this issue fading from public consciousness. But the Campaign for REAL MILK is gaining momentum. For the first 3 years, I was averaging one inquiry per day for where to get it. .. Lately, it’s 2 per day
    after a mere half a century of the West being in bondage to Central Canada ( t’was ever thus) the federal Conservative govt. is dismantling the Canadian Wheat Board … Next to go are the Stalinist marketing boards.

    • Karen Selick

      Gordon, it’s really pretty simple. The Newmarket court is one of the busiest in Ontario. I could see that every time I attended. Justice Tetley has a great many cases on his docket, all demanding his attention. Raw milk is not of the utmost importance to him. He’ll get to it in due course, along with all his other cases.

      There is no grand conspiracy to delay justice, and nothing whatsoever can be read into this delay except that the judge was overly optimistic in setting a target date of July 8 in the first place. It takes a lot of time to read through the vast amounts of material we left with him, and to compose a reasoned decision. He has to be in court most days dealing with other matters, and he has to shoe-horn all the extra reading and writing that this appeal requires into his schedule.

  3. Wilma

    I do not get a warm fuzzy feeling about this response. I don’t like the fact that the decision will be faxed and there will be no need to appear in court….in other words no publicity. It feels much like the decision in the True Hope case in Calgary this year when a one day court case was pretty much decided on before it even begun. It looks like the courts will try and run them out of time and money.

    • Karen Selick

      Will you all please stop with the conspiracy theories?

      The judge assumes (quite reasonably) that there is no need for 4 lawyers to drive all the way to Newmarket to hear him read a decision when we all have fax machines and we all know how to read. It was Justice of the Peace Kowarsky who did something out of the ordinary by reading his decision in open court for 3 straight hours.

      The normal procedure in every other case is to fax the decision to counsel. Counsel then informs the client of the decision, and the client can stage whatever publicity events he wishes.

      • Sandy

        Karen, you may be one of the lawyers on this case, that does not give you the right to basically tell people what they can and cannot think. If folks want to as you say ‘throw out conspiracy theories, it’s their right.

        Respond to folks if you want, just remember everyone has a right to speak their mind!

  4. Karen Selick

    Oh, for heaven’s sake. I never told you what you can or can’t think. Go ahead and think whatever you want. Some readers, however, will appreciate the information I provided since it’s based on real experience in the court system rather than baseless speculation.

    • I am on your “some reader list of appreciators”. The Canadian Constitution Foundation and your work on behalf of Mr. Schmidt, is remarkable. I honour your position to simultaneously respect the process yet hold the system’s feet to the fire when lines are crossed. Thank you, Karen…

  5. Michael Schmidt

    There is always the temptation to make an elephant out of a mouse. I may assure all those who think this is another attempt to undermine this legal wrangling. I can assure you that Justice Tetley has to deal with the appeal and all the material from the trial itself. If the previous judge took 12 months for his ruling how does anybody expect that this ruling would be so much sooner than July or now September.
    I in fact have respect for any one who has to deal with this complicated issue and tries hopefully hard to come to a just decision.
    In our case I was not able to detect during our four year legal odyssey any obvious or hidden conspiracy.
    It served us well to be respectful towards the “other side”
    Michael Schmidt

  6. Jonah

    @ Karen, thank you very much for your comments, I appreciate all you and Michael are doing and its nice to read comments that are reasonable and come from experience rather than conspiracy theories. Thanks

    • Bernie Bailey

      Bernie Bailey

      This is not a conspiracy it is simply globalization and history repeating its self .

      As you have heard in parliament ” big can not fail” and in order for this to work small must disappear

      No I did not die and am willing to help you

      call me

      Bernie

  7. Charlotte

    I have a theory……..never mind! ;-P

  8. Gordon S Watson

    the Crown counsels has no difficulty prosecuting charges of conspiracy, every day in Her Majesty’s Courts in the Dominion of Canada. There’s an awful lot of hard evidence to substantiate ideas presented as incredible, which the Powers that Be do their damn’dest to suppress.
    One of the best examples being : the FACT that the big tobacco companies knew for well over half a century, that cigarette smoking caused many kinds of disease. Their own studies proved it, yet those studies were hidden ’til people like Ralph Nader came along and proved criminal conspiracies of the highest order.
    Ironically, the Province of British Columbia has been suing those companies for costs of health care occasioned by customers who used those = perfectly legal! = products

    After a decade of research, starting out from the very opposite opinion, ie. that “homo milk” wasn’t all that bad, I am now sure that the dairy cartel knew all along … from the 60s, at the latest, that Crohn’s disease in human beings is a direct result of drinking milk from cows with Johnes disease. .
    there certainly IS a grand conspiracy, to a criminal degree, to suppress that, for which grass-fed REAL MILK is the proof. Not to mention, the big processors engaged in abuse of dominance, an offence against the Competition Act RSC
    as well as complicity in a conspiracy to hide criminal negligence to do with the Jones Crohns link. And before anyone tells me that ain’t possible… go read the charges against the Cdn Red Cross. Yeah, they were acquitted. But not because of lack of evidence of wrongdoing
    if you’d seen the astounding perversions pulled off by members of the Cult of the Black Robe, which I have over nearly 3 decades in that swamp, you wouldn’t roll your eyes at the word ‘conspiracy’
    how ’bout the deputy Premier of the Province, calling a judge at home on the Xmass break, to have a Court Order changed … making sure the other side didn’t hear about it? I layed a private Information on that one … the facts of which were admitted … then swept under the rug.
    Oh, I could go on
    Politics is the manouvering to divvy-up the wealth. The idea that some judge is above the fray = as pure is the driven snow, is laughable. I recommend Jonathan Switt’s little essay about the court case to decide ownership of a cow. He knew what he was talking about.
    5 years to come up with a decision as to whether or not people are allowed to drink milk from their own cows? How do you like your “Justice system” so far?
    As old Elvis Costello put it “I used to be disgusted, now I just try to be amused”

  9. Walter's Dad

    Baseless conspiracy theories seem to be all too common from some contributors. It’s nice to hear a voice of reason occasionally – thanks for that!

    • Walter's Dad

      Baseless conspiracy theories seem to be all too common from some contributors. It’s nice to hear a voice of reason occasionally – thanks to Karen for that!

  10. it’s puzzled me why WaltSn bothers to come on this forum at all, contributing less than zero to the supply of REAL MILK, whilst always apologizing for the Stalinists who run the milk marketing racket. His sneer about my accusation the delay in the ruling in the Schmidt appeal, = that it ‘s “base-less” = reveals how very little experience the old codger has in the Slough of Despond aka, the ‘Justice system’. That, or he’s a troll

    In my previous post, I used the example of BC deputy Premier Dan Miller in-on a secret conference call to a judge, attempting to get what the NDP wanted so as to save their political hide. That one involved ONLY a quarter of a Billion ( with a B) dollars of taxpayers’ $$, pounded down the rathole of the Skeena Pulp mill.

    Bear with me here, as I go ‘way back with another one, 30 years or so … a sitting MP caught on tape phoning a judge to influence the outcome of a case. George Wool told me himself that, at the time, he was a young RCMP constable in the Yukon. He had the evidence in hand to prove the crime, but was ordered by his commanding officer to destroy it! So Cnst Wool … then a child in the ways of how things are done in this fair Dominion …. laid the charge himself. They = the bright lights atop this SAME justice system = swept that one under the rug, as usual.

    Back in ’94, I asserted that I was being hectored through the wringer of Court because of my criticism of the govt. policy on abortion. At the arraignment, Mister Justice Hogarth told me to define what I meant by ‘conspiracy” :so I reeled it off = “when two or more agree one with another to do a thing which they know, or ought to know, is illegal”. About a year later, in another case after I’d had my say from the witness stand, with more documentation, Provincial Court judge K Libby opined, “there is probably more truth than not to Watson’s assertion that they are spinning a web to catch him”.

    These aren’t exceptions .. this is business-as-usual in the ‘Halls of Justice’

    Appointment of judges is one of the most important things done during a politician’s tenure. For the sake of simpletons, pretended + otherwise, I’ll spell it out = those appointed to the Bench are perfectly well aware on which side their bread is buttered. And that the favour will be called-in when necessary.

    No, I don’t have the papertrail to prove what I say about perversion of Justice in the Schmidt appeal, yet. But, unlike people who deliberately jam their head jammed up their rectum ( disgusting as it is, the cartoon of Walt Sn comes to mind ) I’ve actually been over the hurdles a few times with Prosecutors. I know how unspeakably corrupt Courts are. Anyone who believes that with Billions of $$ at stake in the milk marketing monopoly, and an election in the offing, this judge ISN’T being leaned-on, is naive in the extreme.

    Michael Schmidt’s strengths are, that he has an impeccable track record of producing good milk, so as to head off the presumption of ‘guilt’. And he’s a genius at demonstrating the maxim “Publicity is the soul of Justice”

  11. Karen Selick

    An overwhelming percentage of Canadians agrees with the type of laws being made in this country. That’s why they keep voting for the politicians who enact them. Gordon Watson is among the rather small minority who disagrees. I am also in that minority. However, it is not hard to imagine that the average judge agrees with the laws, just as the average voter does. This is a much more plausible explanation than saying, “The judge was leaned on.”

    Judges decide to uphold laws because they agree with the legislators who made those laws, not because the judges are corrupt.

  12. I’m a bit surprised that someone wading-in to the Big Leagues of Constitutional infighting, is ignorant of the fact that almost half of the people who are eligible to vote, don’t. And that doesn’t include people who don’t bother to get on the roll of electors. Once people figure out how bad the situation is, they quit showing up at polling booths.

    do the math = more people DID NOT vote for the incumbents, than did. The faction presently at the levers of power have ANYTHING BUT consent of the governed ; in the last 20 years, I watched as the Powers that Be put an inch of Plexiglas between the civilians and the bureaucracy. Why-ever would that be? Answer : because they know how resentment is being saved, then translated as rage against the Machine

    the Regulation outlawing raw milk for human consumption, in BC, was contrived behind closed doors ; although those who did so were very well aware of our activity … they AVOIDED consulting us = stakeholders who’d been campaigning for legalization and regulation, along the model of Washington State and Colorado, etc. Meanwhile entertaining lobbyists from the Dairy Foundation

    Anyone who still believes this is a “democracy’, is entranced in some high-school civics course, prepared by the good folks at Disney-woild : we’re living under red fascism, one of its talents being, the ability to disguise the communist fist fo steel ‘neath a velvet glove

    I could tell you about how Tony Merchant bragged that he could pick up the pone and get a judge put on or taken off a case. But of course, to someone who puts on a Black Robe costume, to go to work, that – as true as it is – is a tale not allowed to be acknowledged LEST THE ADMIINISTRATION OF JUSTICE BE BROUGHT INTO THE DISREPUTE IT SO RICHLY DESERVES
    I’ve sat in Courtooms and heard one lawyer tell another about phoning a judge at home after Court … then when I layed that one – and many more, worse – out in formal complaints to the Law(less) Socieyt, they were whitewashed.
    the Court thing is a Punch+Judy show, (a diversion, as explained in the Protocols). The right answer is, as Buckminster Fuller taught me : vote with your dollars. We are out-producing them

    • Walter's Dad

      Good grief. It’s never ending. Perhaps if this site truly is democratic we could vote to limit Gordon’s rants to a max of 100 words.

  13. WaltSnre is so predictable with the classic response of the petty tyrant : take issue with the tone so as to distract from the substance, as an excuse to suppress the ugly truth. Of course WaltSnr will be on-side with states proposing laws to criminalize publishing facts about how bad the Confined Animal Feeding Operations are. Lies need the government to support them : the Truth can stand on its own.

    Michael Schmidt and a few of those who post on the Complete Patient website, are using the word “war” to describe what’s going on with fascism insinuating itself right down to the grassroots of the nation. Cinncinatus knew a bit about the appropriate resonse to such Treason ; he said
    “Extremism in the defence of liberty is no vice. Moderation is no virtue”
    Of course, just for me to simply state that piece of classic wisdom will be too much for Walt’sDadBeat to cope with. I wouldn’t be surprised if he called 9-11 and reported a “thought crime in progress”

  14. Karen Selick

    To Walter’s Dad: Thanks for your support.

    • Walter's Dad

      You’re welcome Karen. Your job is tough enough without having to endure derisive comments from those you are trying to help. It’s bewildering to think that most of them are coming from a person who, despite 30+ years of ‘experience’ in the court system, hasn’t had any meaningful success in the legal arena. Yet the beat goes on…
      Best of luck with your case.

    • killay

      keep up the good work. This really is a wait and see thing. There is lots for the Judge to go through and really think about, and more time he takes the more care he is giving to it.

  15. the last couple of remarks by the cranky curmudgeon reminds me of Marshal Mcluhan’s story about the US fighter pilot who’d unloaded his cannons on one lone little Viet Cong sniper at the end of the runway. When questioned by his superior officer he said “well he was shooting at us”. Same with WaltSnr ; I have yet to see a line of text out of him which furthers the Campaign for REAL MILK. So I take the Apostle Paul’s stance with his Thorn in the Flesh = in politics, you make friends and you make enemies … they just comes with the territory

    Rather than giving the old pain in the neck any more of the negative attention he craves, I point to today’s newspaper to underscore the point I tried to make about the role of judges in the ( insert link to laugh track here) legal racket.

    As I understand it, Miss Sellick’s position is that ‘the overwhelming majority of Canadians are content with the laws = proof being, they keep electing those lawmakers’ . And that ‘judges are the noblest of men + women, laboring selflessly in Her Majesty’s vineyard’. Therefore the judge who put off rendering the decision in the Schmidt appeal is only a victim of circumstances beyond his control’. = my paraphrase = Versus my contention that the appointment of judges is done for poltiical purposes, and that their primary function is to protect the Plutocrats from anything turning up to embarass them whilst they loot the country.

    On page A3 of today’s Vancouver Sun, political commentator Vaughn Palmer mentions that Elections BC is hoping for a 40 percent turnout of voters on the question of whether BC keeps the Harmonized Sales Tax. And that that much would be seen as an improvement over the 38% who voted in the last Referendum

    Like I said : “do the math”. Right away. less than half of those eligible even bother to show up. Split those who do vote into 2 factions, then only about 1/4 of the names on the electoral roll agree with the opinion which prevails. My point being : the proposition that this country operates according to what the “overwhelming majority” wants, is ridiculous … ordinary citizens stay home in droves because they know voting doesn’t make any difference.

    the laws in Canada are not made by the sheeple, they’re framed by lobbyists who pervert the political process with poisonous bribes called “campaign contributions’. Then judges confirm those policies backed by uniformed goons with guns.

    I urge all-concerned to ditch having faith in the legal racket. Instead = get out there … do the chores and get the REAL MILK to the people who want it

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