Daily Archives: July 23, 2012

Media advisory — Michael Schmidt at Court of Appeal on July 26, 9:30 a.m.

From the Canadian Constitution Foundation:

TORONTO: Dairy farmer Michael Schmidt will return to court on Thursday, July 26, 2012 seeking leave from the Ontario Court of Appeal to appeal his convictions on 13 counts relating to the sale and distribution of raw (unpasteurized) milk.

The motion will take place in Courtroom 1, in Osgoode Hall, 130 Queen Street West, Toronto (NE corner of Queen St. and University Ave.) commencing at 9:30 a.m. and is expected to take approximately 3 hours.

Spectators and media representatives are welcome to attend.

Schmidt’s lawyer Karen Selick will also be asking the court for permission to re-open the cross-examination of the Crown’s expert witnesses.  A study published several months after Schmidt’s trial found that although pasteurization kills the pathogenic bacteria E.coli O157:H7, it does not inactivate the related Shiga toxin.  Selick says the expert testimony at trial may have led the court to believe that pasteurization renders milk safe from pathogenic E.coli when in fact it may not. Continue reading

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2. Were the contracts between Michael Schmidt and the cow-share members shams or valid contracts of agistment

Part 2 of The Bovine’s countdown to Michael Schmidt court appearance this Thursday July 26th at Osgoode Hall, in Toronto.

From the applicant’s factum:

Farmer Michael Schmidt at a food freedom event in the U.S.

47. Justice Tetley concluded in paragraph 51 of his decision that the contract between Michael Schmidt and the cow-share members was “in reality” something other than it purported to be: in effect, a sham contract.

48. The leading case on sham contracts is the 1967 English case of Snook v. London and West Riding Investments Ltd., where Lord Diplock wrote as follows:
“I apprehend that, if it [“sham”] has any meaning in law, it means acts done or documents executed by the parties to the ‘sham’ which are intended by them to give to third parties or to the Court the appearance of creating between the parties legal rights and obligations different from the actual rights and obligations (if any) which the parties intend to create. But one thing, I think, is clear in legal principle, morality and the authorities (see Yorkshire Railway Wagon Co. v. Maclure and Stoneleigh Finance Ltd. v. Phillips) that for acts or documents to be a ‘sham’, with whatever legal consequences follow from this, all the parties thereto must have a common intention that the acts or documents are not to create the legal rights and obligations which they give the appearance of creating.” [emphasis added] Continue reading

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License to sell raw milk products — Iceland shows the way again

Iceland has lately been world famous for the way in which they held their bankers to account for the financial crisis. Now, it would seem, they’re again setting an example by recognizing the value of making raw milk available through legally-approved channels. From the Icelandic Review Online:

Legal raw milk will now be available in Iceland. Photo Copyright Icelandic Photo Agency.

“Dairy company Biobú ehf. will start producing dairy products made of unpasteurized milk, which they will receive directly from dairy farmers, after obtaining a license from the Icelandic Food and Veterinary Authority (MAST).

“We get the milk straight away, instead of having to wait one day before it reaches us,” Helgi Rafn Gunnarsson told Morgunblaðið. Continue reading

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