“DURHAM – Raw milk crusader Michael Schmidt is scheduled to return to a Toronto courtroom Thursday to seek leave to appeal 13 convictions related to the sale and distribution of unpasteurized milk.
Schmidt’s lawyer Karen Selick plans to argue that several errors of law were made in the leadup to the Durham-area farmer’s convictions and that granting leave to appeal to the Ontario Court of Appeal is in the public interest.
“I don’t do things that are lost causes, so I think that the mere fact that we are going forward with this application for leave indicates that I think we have a reasonable chance of success,” she said Tuesday.
Selick, litigation director of the Canadian Constitution Foundation, will also be asking the court for permission to reopen the cross-examination of the Crown’s expert witnesses, as 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,” she said in a media statement.
“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….”