Daily Archives: September 28, 2011

Court convicts raw milk farmer Michael Schmidt on appeal — the Toronto Sun

From Terry Davidson, in the Toronto Sun:

Dairy farmer Michael Schmidt has been convicted by an appeal court of selling unpasteurized milk to the general public after being exonerated last year. (Toronto Sun files)

“A controversial and defiant dairy farmer north of Toronto has been convicted on multiple counts of selling raw milk to his customers.

Michael Schmidt, who has been fighting a battle to deal in unpasteurized milk at his Grey County farm ever since it was raided by government officials in 2006, was convicted on 15 of 19 charges after the Ontario Court of Justice reversed a lower court decision to acquit him last year.

Shortly after Schmidt’s acquittal, the province and the Grey Bruce health unit appealed the decision.

Justice Peter Tetley on Wednesday rejected Schmidt’s argument that selling raw milk to customers who are aware of any health risks was his legal right. Continue reading

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Ontario appeal court rules against raw milk dairy farmer Michael Schmidt

From Jessica Leeder, in the Globe and Mail:

“The future of Canada’s most prominent raw milk advocate has turned sour.

Dairyman Michael Schmidt was found guilty of 15 out of 19 charges related to distributing unpasteurized milk from his farm in Durham, Ont. The verdict, written by Mr. Justice Peter Tetley of the Ontario Court of Justice, reverses a decision made last year by a justice of the peace, who acquitted Mr. Schmidt of the same charges.

It is unclear what the decision means for the future of Mr. Schmidt’s farm, a cow-share operation in which raw milk and related products are provided to about 150 shareholders. Raw milk from the farm is not sold commercially. Continue reading

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Court rules against raw milk farmer

From legal affairs reporter Tracey Tyler, in The Toronto Star:

The Ontario Court of Justice has ruled against raw milk farmer Michael Schmidt, seen here holding up a glass of his milk prior to Wednesday's ruling. TRACEY TYLER/TORONTO STAR

“DURHAM, ONT.—Lola and the girls ambled close to the barn Wednesday, a bit prematurely.

Their keeper, Michael Schmidt, has always vowed to fight until the cows come home for the right to get raw milk into his customers’ hands.

But it looks like his battle will take longer than he expected.

At his farm in Grey County, a few kilometres outside town, Schmidt got a call late Wednesday afternoon from his lawyer, informing him he’d been convicted of 15 provincial offences relating to the sale of unpasteurized milk and could potentially face hundreds of thousands of dollars in fines. Continue reading

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Ontario dairy farmer calls raw milk conviction “a temporary setback”

From the Canadian Press story, appearing in the Winnipeg Free Press:

Farmer Michael Schmidt at Tuesday's news conference

“NEWMARKET, Ont. – A southern Ontario dairy farmer said Wednesday he’ll appeal a decision finding him guilty on 15 of 19 charges related to the sale and distribution of raw milk.

Michael Schmidt had been acquitted of all charges by Justice of the Peace Paul Kowarsky in January 2010, but the Ontario government and the Grey Bruce Health Unit appealed that decision.

Lawyers for the provincial government had argued that Kowarsky made critical legal errors when he threw out 19 charges against Durham-based farmer.

Justice Peter Tetley agreed and overturned 15 of the acquittals in a 77-page ruling released Wednesday afternoon in Newmarket. Continue reading

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Let’s make raw milk an election issue!!!

After yesterday's news conference: Talk with your friends. Tell your neighbours. Spread the word.

Voting day in Ontario is October 6. If you are a supporter of raw milk, please make sure your local candidates know your views. Here’s how:

• When the candidates come knocking at your door, tell them what you think

• During Q&A period at the candidates’ debates in your riding, ask a question about their position on raw milk

• Send a letter to the candidates at their riding headquarters

Some points you might want to raise: Continue reading

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GUILTY: Justice Peter Tetley finds raw milk farmer Michael Schmidt guilty today on 15 of 19 charges following an appeal by the Ontario government

The following news release is from the Canadian Constitution Foundation. Karen Selick, litigation director of the Foundation, defended Michael Schmidt in court during the appeal hearing.

Raw Milk Farmer Suffers Setback, Vows to Continue Fighting

Raw milk farmer Michael Schmidt.

Newmarket, ON: Dairy farmer Michael Schmidt suffered a setback in his campaign to legalize raw milk today when the decision of Justice Peter Tetley of the Ontario Court of Justice reversed a lower court decision and found Schmidt guilty on 15 of the 19 charges. Schmidt had been acquitted of all charges by Justice of the Peace Paul Kowarsky in January, 2010. The Ontario government and the Grey Bruce Health Unit appealed that decision. Justice Tetley allowed their appeal on some, but not all charges.

All claims that the legislation violated the Canadian Charter of Rights and Freedoms were dismissed. Continue reading

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Report from May 2011 Prague raw milk conference at which Michael Schmidt was one of the featured presenters

Click image above to download 629 Mb pdf file of conference proceedings.

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Pat Winter is camped out at the Ontario Superior Court of Justice waiting for the Michael Schmidt raw milk verdict which was promised for “sometime tomorrow”

It was a dark and rainy morning at the Ontario Superior Court of Justice in Newmarket....

This post will consist of a series of text messages sent from Pat’s Blackberry, providing updates throughout the day. Check back often to follow the latest developments in the story. Messages will be posted here in reverse chronological order with most recent messages appearing at the top.

This is entirely Pat’s initiative. No one asked her to do it. It’s all about freedom and taking personal responsibility for things. In today’s world where would we be if people didn’t feel empowered to take action on things that matter to them? If there’s a deeper message here, it’s how passionately some people feel about this issue. Continue reading

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The Weakened Condition of the Victim

Here’s an article which was written for The Bovine, by Gary Wilson, who is a Glencolton Farms cowshare member. Quite aside from the content of the article itself, it illustrates the depth of independent research cowshare members go through in making their dietary decisions. Clearly people like Gary don’t need help from government in deciding what foods are best to eat.

Introduction:

Legendary soil scientist William A. Albrecht. Click image for source.

The four main authors I have studied, Albrecht, Pottenger, Price and Voisin, all seem to share the same point of view as expressed by Albrecht that it is not the overpowering invader we must fear but the weakened condition of the victim. Our society, however, seems to concentrate its efforts on waging war with the overpowering invader, probably because that provides ongoing profits in a war that never ends. Society’s changing its point of view would force more research to be done in determining what is causing the condition of the victim to weaken and so lead to the treatment of the underlying cause of the problem. Continue reading

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Local newspaper reports that “Decision put off in Schmidt raw milk case”

From Don Crosby in the Owen Sound Sun Times:

Michael Schmidt talks to reporters at the blue bus Tuesday

“Schmidt said it’s a bit frustrating that the court has for a fourth time since July put off releasing the result of an appeal by the provincial attorney general and the Grey Bruce Health Unit on a ruling by Justice of the Peace Paul Kowarsky.

Kowarsky ruled in January that Schmidt’s cow share program for raw milk consumers did not violate provincial regulations meant to protect the public health. That decision was appealed to a judge in the Ontario Court of Justice.

Meanwhile Schmidt has been named in a contempt of court action in a British Columbia court for continuing to sell raw milk after being ordered to stop. Continue reading

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