The following is from an email sent to Fraser Health in response:
August 29th 2011
Tim Shum, Regional Director, Fraser Health Authority
Emailed to Tim.Shum@fraserhealth.ca
On Friday August 26th 2011 upon learning that he had executed a search of the farm in Chilliwack, I called Inspector George Rice, explaining that, since the Warrant apparently was predicated upon concerns about my private property – ie, milk produced by cows in which I have an interest – and that my right to make full answer and defence to a charge begins the minute I get notice of such potentiality, then I am entitled to a copy of it as well as the Information to Obtain immediately. He refused to co-operate, telling me to direct my inquiry to you. In a voice mail later the same day, you asked me ‘to clarify my relationship with Home on the Range dairy’. The short answer is : Four years ago Alice Jongerden and I started the cowshare known as “Home on the Range” because the government was failing to accommodate those of us who want fresh whole pure raw milk from grass-fed cows. Spelled out at section 40 (3) (q) of the Milk Industry Act is the statutory duty upon the Minister of Agriculture to make “ … just and equitable provision for the sale of milk from approved raw milk dairy farms ..” But since September 14 2010, she has run it as a buying club, dealing strictly in various foodstuffs other than raw milk dairy products. I have nothing to do with that business
I wonder if, in that voice message you were confused about the name of the legal entity in question? The cows standing at 49211 Prairie Central Road in Chilliwack used to be known as the “Home on the Range” herd. But when Fraser Health Authority ran Alice Jongerden out of business, we then hired Michael Schmidt as our agister. He manages the farm under the name “Our Cows”. We take dividends from our jointly-held asset in the form of fluid milk labelled “Enzymatic Bath Lotion”
Although individuals in our association do NOT avail themselves of the restricted farm loss prescribed in section 31of the federal Income Tax Act, it is important for all-concerned to appreciate the guideline by which Canada Revenue Agency determines whether or not a syndicate qualifies under that section ; vis, whether its members all participate in both the risk and rewards from their investments. When I drew up the original agreement for Alice Jongerden to provide agistment services, I put in a term to ensure someone considering buying a share in the herd was aware of the possibility he / she could ultimately bear the loss of his/her investment if one, or some, of the animals were to die through no fault of hers. The consequence of you ignorant fat-ass bureaucrats pillorying Mrs Jongerden, was that all shares in the Home on the Range herd were rolled-over respectively in to the “Our Cows” herd. Point being : on the basis of his or her undivided interest in the herd as it presently is, the government of Canada and the government of British Columbia ( via the provincial Income Tax Act) recognize each and everyone with an interest in the “Our Cows” herd as a farmer. A dividend from such a share is the private property of a given shareholder, protected by the Canadian Bill of Rights of 1960 RSC from depredations of mendacious bureaucrats
Fraser Health Authority is very well aware of the decision in the case of Western Forest Products and Sunshine Coast Regional District in which the term “health hazard” was interpreted to mean ‘something for which there is clear and present evidence of harm to the public.’ ; my paraphrase. Despite the treachery of those who framed a law in mischief = cooking-up section 7 of the Public Health Act Transitional Regulation to have us outlawed for producing our own food and so embarrassing your Stalin-ist milk quota scheme = the ruling of Mister Justice Butler in the Western Forest Products case stands as the test for what constitutes a health hazard
You are fully aware that regulation of cosmetics is the responsibility of the federal government : it does NOT fall under a power of the provincial government nor one of the ‘quangos’ = (utterly unconstitutional) quasi-governmental agencies. As a farmer takes the dividend from her investment in the form of fluid milk, then uses it as a cosmetic, or to water her houseplants, or to feed to her cats, or to self-medicate a skin condition, or to promote microbiological activity in her garden, or makes paint with it, that is of no concern to a provincial Health Authority
As well as scrutinizing the integrity of its issuance, I want a copy of that Warrant and the Information by which it was obtained, for use in making complaints against George Rice and Guy McDannold committing perjury last time ‘round. In 2010 George Rice swore in an Affidavit that, on a previous attendance at that same farm, Alice Jongerden had consented to him searching it without a Warrant. I am quite sure that she did not consent. In fact, after Fraser Health’s formal Cease + Desist Order of July 2008, she and I had discussed with other shareholders what would be our response to an official attempting to search the place where we carried on dairying. We directed her that, in her capacity as our Agister, she was to refuse entry to anyone purporting governmental authority unless they had a proper Warrant
By the summer of 2010, Fraser Health’s lawyer knew that I would henceforth contest the legality of a search attempted by Fraser Health Authority upon our farm, citing the ruling of the Court of Appeal for British Columbia case of Arkinstall and the City of Surrey. In August 2010 George Rice came to the farm and again was challenged by Alice Jongerden as to whether or not he had a Warrant to Search, to which his smirking rejoinder was “we think we don’t need one” Yeah, well, his conduct after August 12 2011, vindicates my contention all along : refused entry to the farm, this time he went and got one, didn’t he?! At least I’ve educated your side that we still have a semblance of due process of law, in the face of the red fascist monstrosities called “health authorities”
Lawyer Guy McDannold was terrified that the legitimacy of the searches upon our property in 2008 and 2010 were dubious … so shaky that he had to come up with a cover story. That’s why he suborned perjury from Inspector Rice. Aided and abetted by the legal counsel for Fraser Health Authority, George Rice rendered to paper a statement, knowing it was false, then, knowing that it was being prepared for submission into the contempt of Court allegation against Alice Jongerden, he swore that false affidavit. I say that, by way of its agent, namely Inspector George Rice, the person at law entitled ‘Fraser Health Authority’ in cahoots with George Rice and Guy McDannold, did conspire to enter that false Affidavit into the Supreme Court of British Columbia file 124618 to deceive the Court, thereby committing the crime of pervert / defeat Justice
When the contempt of Court charge against Alice Jongerden came on for hearing, the judge recognized me as someone with status to address it, but ignored me from then on. I never did get to speak to the matter. It doesn’t take a law degree to know that the cross-examination of Inspector Rice on his affidavit was essential to us exercising our right to make full answer and defence. That outrageous ruling could only have been pulled off by hiding George Rice’s perfidy. The farce over which Mister Justice Smith presided was a textbook example of how the racketeers in Black Robes conduct cases in their little feifdom … railroading innocent people to a pre-arranged destination … with due regard for formalities, mind you! Gulliver’s Travels in the land of the Houwynms is most instructive : human nature does not change = the rank corruption beheld by Jonathan Swift 3 centuries ago in His Majesty’s Courts in England goes on every day, in Her Majesty’s Courts in British Columbia. I know whereof I speak : I saw Guy McDannold in action. At this point in time, with a couple of ’victories’ in Court, that shyster probably thinks his clients are ‘too big to assail’ … that the monstrous quangoes Fraser Health / Northern Health have so much money-power and prestige going for them that they’ll never be called to account by a mere Judge … even when they’re caught breaking the law. For instance : Fraser Health contravening the law which says all litigation for or against a Ministry MUST be conducted by the Attorney General. Madame Justice Gropper wasn’t powerful enough to make you obey it, though!
It gets worse ; the outrage of Guy McDannold counseling officials of Northern Health Authority to serve legal documents on two of our friends who run cowshares, pretending that they were in jeopardy of being charged with contempt of the Order arising from the Jongerden case. Holding a certificate to practice law in BC, he cannot claim ignorance of Rule 20-3 of the Rules of Court which says the exact opposite. Guy McDannold has committed fraud upon the Court these several different ways. Coping with the irritation of dealing with idiots who have nothing better to do than meddle with our private enterprise, I am reminded of a maxim of the Courts of ancient Rome : “the mills of the gods grind slow, but they grind exceeding fine.” McDannold and Rice will get their come-uppance … sooner than later
During my 30 years’ slogging through the cesspool of the legal system, I did meet a couple of lawyers who are actually decent human beings. One of whom is George Wool. For 12 years before he became a lawyer, Mr Wool was a member of the RCMP Commercial Crime squad. Explaining the way law firms use solicitor/client confidentiality to hide money-laundering, he said “we had enough evidence to put a third of the law firms in Canada on trial”. It is most interesting in the bigger picture of this political controversy, to ask : “who has the clout to move this officer of a non-governmental entity – Inspector Rice – to go get a Search Warrant, after that agency’s lawyer made an undertaking that they would not take action?” I suspect that Guy McDonald was leaned-on or bribed by persons yet to be ascertained. And arising from that influence-peddling he inveigled George Rice to lie some more so as to convince Justice of the Peace Blackstone to issue the Warrant. All, in furtherance of the offence of ‘abuse of dominance’ being committed by the dairy cartel. I expect the ‘Information to Obtain’ will indicate who’s behind the mal-feasance of public office which our herdshare has suffered. I know one thing for sure after my decade’s involvement in the Campaign for REAL MILK … particularly, my three years’ experience with these guys abusing the legal system = this is not about health!
A good example of the kind of evidence I have for my accusation that they lied to the Justice of the Peace is in the document entitled ADVICE TO THE MINISTER. Just lately – after 3 years’ of asking via Freedom of Information process, the govt. finally coughed it up … not realizing how it damns your side. It reveals that Fraser Health Authority has been monitoring my website since June 2008. It mentions the two letters I had in hand at that point in time, which categorically exempt cowsharing from the Milk Industry Act requirement for all raw milk to be Pasteur-ized. Notwithstanding the Order of the Supreme Court made in the case of Fraser Health and Jongerden ; John Doe ; Jane Doe those expressions of government policy on official stationery are valid this minute. Contrary to the non-sense put out by Inspector Rice in his email to me of August 2 2011, the Order of Miriam Gropper, J. pertains ONLY to Alice Jongerden as she did business as Home on the Range, as well as to individuals who worked for her in that business. The ambit of the Order extends ONLY to such persons as are included in the class described in paragraph 3 of the Petition of Fraser Health Authority. It does not pertain to me in my legal personality as someone with a proprietary interest in the cattle currently known as the “Our Cows” herd. Nor does it pertain to me in my capacity as the Agister of the Triple A Dairy
Inspector Rice’s email to me of July 6 2011 said “our office has been asked to do an update of the status of cowshare and similar operations in our area”. That’s puzzling … I was in the gallery during the last round of the case of Fraser Health and Jongerden. I distinctly heard your lawyer tell the judge that FHA would be stepping back from enforcing the law to do with raw milk until the constitutional question was heard. So far, Inspector Rice has ignored my demand
“for copies of all records … which generated your request to inspect the Triple A dairy”.
Such willful negligence is an offence against the Freedom of Information & Protection of Privacy Act. This letter reiterates that demand as well as demanding copies of the documents itemized below:
– the Information to Obtain the Search Warrant
– the Warrant itself
– the Report to the Justice of the Peace
– the “5.2” document advising the Justice of the Peace that the Warrant had been executed
Gordon S Watson
Justice Critic, Party of Citizens Who Have Decided To Think For Ourselves & Be Our Own Politicians
PS I noticed that = as happens just about every year = health authorities issued a warning that local mussels are full of bad bacteria. Hardly a newsflash = that the consumption of bottom feeders MAY cause illness! How ironic that, when thousands of people are at risk if they eat these foodstuffs sold quite legally, your official response to this proven hazard to the public health is nothing more than an ‘alert’. At the same time – lacking even a scintilla of evidence that milk from our herd poses a hazard to one single individual, let alone, to the health of the PUBLIC – you can find the time and $$ to abuse the legal process to bother us
3 responses to “B.C.’s Fraser Health Authority conducts search of the Chilliwack cowshare farm”
It just goes to show the total corruption that prevails in the corridors of government at all levels in Canada. Canadians should be truly shamed by these buffoons and their armed henchmen for these actions.
Thanks for this powerful update Gordon.
On a different note , would anybody be up to contacting ALL of the different current BC MLA’s (and or the contenders for their seats ) and compiling a list of who are for or against private farmshares, cowshares , foodshare or cosmeticshares ?
I would like to see such a list published LOUD AND CLEAR for all to see and judge once and for all. Starting with all the different party leaders we need to know EXACTLY where each MLA stands on the raw dairy issue.
And if none of the major party leaders have anything intelligent to say then maybe it is time to explore the smaller parties ?
If Mr.Van Der Zalm could rally the troops against the dictatorial implementation of the HST then why can we not use similar approaches to inform, educate and inspire the public about equally serious Food Sovereignty, Food Security and Farmer’s Rights issues ?
With the upcoming BC provincial elections there should be no more dodging the bullet on this issue.
Sounds like a lot of wild conspiracy, dubious accusations and quasi-legal nonsense. I’d prefer to hear a more balanced analysis of the warrant issues and property rights legalities from real lawyers like Karen Selick or Jason Gratl. Hopefully one of them could post a note.