Michael Schmidt wins leave to appeal raw milk verdict — media roundup

The Torstar Toronto free newspaper “Metro” ran a variant of the Canadian Press story, along with this great picture from the Toronto Star archives. Click image to go there.

Leading American raw milk journalist David E. Gumpert, contrasts the Michael Schmidt story to the messy aftermath of the Rawsome food club raids in California. Here’s an excerpt from his The Complete Patient blog:

“It is never a simple matter for a defendant who has lost to the government to convince an appeals court to take another look at the case, whether in Canada or the United States. But on Thursday, the lawyer for Canadian dairy farmer Michael Schmidt convinced an appeals court to re-examine his conviction on 13 counts of violating the province’s dairy laws.

This was the case that Schmidt won three years ago, when an Ontario judge ruled that Schmidt’s cowshare was truly a private organization, whose members could put themselves outside the bounds of the public food regulation system.

The government convinced an appeals court to reverse Schmidt’s exoneration—something that couldn’t happen in the U.S., which bans double jeopardy (being found guilty later on charges you have previously been found acquitted of).

So Schmidt appealed the reversal, with his lawyer, Karen Selick of the Canadian Constitutional Foundation, arguing there has been an absence of legal precedent to adequately guide the judges in the case. She also argued that cases thus far have contradicted each other.

The government vehemently opposed having the appeal heard, maintaining that there was no important public interest to be served….”

CBC News is running the Canadian Press story. While giving the simple facts of the story in the usual terse and cogent news style, the CP’s, like most raw milk news stories, includes the obligatory paragraph paying obeisance to pasteurization:

“Health Canada warns that raw milk contains several harmful bacteria including salmonella, E. coli and listeria and can cause vomiting, diarrhea, kidney failure, miscarriage and even death. All milk in Canada has been pasteurized since 1991.”

Editor’s comment: That statement about “all milk in Canada” sounds more than a little questionable. What about all those 89% of dairy farmers who drink their own milk raw? And what about the underground trade in raw milk that’s been going on since who knows when? “All the milk in Canada” indeed.

Click image above to go to Sun Times website

The Owen Sound Sun Times is Michael Schmidt’s hometown newspaper. Here’s a snippet of their coverage:

“Michael Schmidt will be allowed to appeal the convictions related to his distribution of raw milk to members of his cow-share operation.

Schmidt said Thursday the right to appeal was granted after a hearing earlier in the day.

“We won, we won the go-ahead that the Court of Appeal will actually listen to us,” he said.

“It was very clear. The judge sided with us right away and said yup, there’s absolutely no question that this is of importance, of public importance, and legally significant to get clarification with regards to the interpretation of the law,” Schmidt said.”

Bayshore Broadcasting took the opportunity to review a little of the history behind the Michael Schmidt saga. Click here a page with an MP3 file of their report

Toronto Star — Schmidt wins right to appeal. The Star is the only paper we’ve seen that reported the following:

“The case will be heard by a panel of three judges — something Schmidt thinks will work in his favour….”

Toronto Sun had a lot to say about the story, including a few words on the wanton spending of taxpayers’ money:

“Investigating and prosecuting Schmidt for almost two decades has cost millions. During one raid, 24 officers from five different government agencies searched his rural property. “Why are police forces raiding farms? Don’t they have better things to do than that?” he asked….”

f people would like to show their appreciation for what the Canadian Constitution Foundation is doing for Michael Schmidt and food freedom, their renewed financial support would be welcome. This case takes a lot of resources to handle. Donate here:  



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8 responses to “Michael Schmidt wins leave to appeal raw milk verdict — media roundup

  1. rainhard pitschke

    How can a ‘right’ be ‘won’? No one was beaten into submission. The courts GRANTED permission to question a ruling. Legal procedure will be examined. The punishment stands. The removal of natural herbal remedies and in particular activated charcoal proves that goverment’s intent is to sicken and remove remedies to the poisons they allow in processed foods. Cancer and diabetis are the goals. Lifetime treatments not cures or prevention.

    Private contractors like these thugs will be next here too, to collect extortion proceeds called ‘fines’.

    • rainhard pitschke

      The discussion on the ‘complete patient’ condemns what is perjoritively called ‘fundamentalist soveriegn’ behaviors. James Stewart ‘jumped bail’. His ‘friend’ put his property ‘up’. If someone does this is it shows total moral commitment to the ’cause’ or his friend. To aid the bounty hunters driven by the fear of actually losing his entire worldy fortune, is similar to the Boddhisatva whose pledge to ‘eat’ the sorrow of the world is revoked the moment he starts to get sick. Mr. Stewart, like Michael here is on the front line. Anyone who supports such a serious cause which affects all humans for who knows how many generations should check their inner commitmet to truth. Fundamentalism is associated with morality and even aestheticism. In these legal/lawful matters the price for freedom is what one is willing to pay. If one can’t answer ‘everything’ then you’re just another ‘fair weather’ protesting whiner. A ‘should’-er. This is spiritual warfare with self and the external is just a very desired and profitable ‘projection for any who are involved. The logical or ‘what works’ thinking around this is part of the process, but the real story is about ‘cooking the heart’. Michael’s is way past pasturized and may be barbecued…..but to his everlasting benefit.

  2. thebovine

    The context to the video in the comment above can be found in David E. Gumpert’s article linked to in the post these comments are appended to.

  3. Richard Barrett

    When the government in Ontario stated that “there is no public interest to be served”, they are dead wrong. Politicians both Provincially and Federally have asked me for information. Talking with people on Calgary streets, I personally found out that the Black Market for Milk is alive and growing plus others are asking, “Where is the ORGANIC FARM FOR ALL?”

    Thanks Mr. Schmidt and congratulations! When people sign the
    http://www.rawmilkconsumer.ca petition, I know where they stand and how serious they are.

  4. Karen Selick

    Rainhard, what do you mean about the “removal” of activated charcoal? Removal from where? I keep it in my home, and have ordered it over the Internet.

    • rainhard pitschke

      Legislation, as you probably are aware of is incremetal in it’s operation. Yes, you are still allowed to order it from international sources, but the health food stores no longer are allowed to stock it..along with lots of other products which, in line with the UN’s Codex Alimentarius will make these ‘self-help’ products only available through prescription. Go to your neighbourhood health store and ask them what’s not available anymore. Then do some research on Jim Humble, Essiac, Rick Simpson, and all the other real cures for disease….and the criminal chemical/legislative/banking cabals which skuttle any progress.
      But this is not your expertise and your response annoys me because it doesn’t address the point I made. As a member of the supporting structure, it’s to be expected that you try to redirect any serious challenge to the status quo.

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