Will Michael Schmidt take his raw milk case to the Supreme Court? Or not?

Michael Schmidt talks to reporters outside Osgoode Hall during a break in the Ontario Court of Appeal hearings earlier this year. Michael lost that appeal and might still appeal the case further.

From Scott Dunn/QMI via the Sun News Network:

“OWEN SOUND, Ont. — Durham, Ont., raw milk proponent Michael Schmidt said Monday he’s still pondering whether it’s worth seeking leave to appeal an Ontario Court of Appeal decision against him to the Supreme Court of Canada.

“Is it worthwhile going to the Supreme Court to look at that and throw that ruling out? Or if we just, you know, leave it at that because we’ve moved on anyhow,” he said in a telephone interview.

Five or six years ago the structure of his farm changed, he said, away from the cow-share arrangement which the Court of Appeal decided last month didn’t exempt him from public health laws forbidding the sale and distribution of unpasteurized milk. The court also dismissed Charter of Rights and Freedoms arguments.

“The people don’t own a cow anymore, they actually own a share in the farm,” Schmidt said. “So they have a share in the land, in the machinery, in the animals, in basically in everything, OK?

“So that has completely changed. It’s a farm-share operation. It’s basically a co-operative.”

He has 60 days from the March 11 decision to seek leave from the Supreme Court to appeal.

Schmidt said the raw-milk operation at his home is called Agricultural Renewal Co-operative.

He said he holds no position in it other than “maybe you’d call it an advisory role or something like that… But I have absolutely, I have no ownership in it, I’m not sitting on the board of directors, nothing.”

As for compensation from the co-operative, “I can live here. That’s my compensation.”

“The reality is, people are legally allowed to drink milk,” he said. “So either we keep going back to court and fight about it or the government (gives) us an indication how the people who need the milk can in fact obtain the milk.”…”

More on the Sun News Network

4 Comments

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4 responses to “Will Michael Schmidt take his raw milk case to the Supreme Court? Or not?

  1. I am of the opinion that Michael should take this case to the Supreme court of Canada simply due to the fact that his legal defense on the Ontario Court of Appeal was to compliment them “pathetic”. The so called safety issues are so ridiculous they tax even the most corrupt brain. Canada is the only country in the G8 that does not allow raw milk, we have to ask ourselves just what those other countries know that we do not know or is it just a case of Grown at Home Canadian Corruption. Protect the processors and damn the population. This is a no win for the Ontario and Canadian government as the movement to clean up the corruption is growing and it cannot be stopped. Get involved and start talking folks. CACL Canadian Anti Corruption League is leading the charge. http://www.canadiananticorruptionleague.org. Lets end the struggles of all the Michael Schmidt’s in this country. NOW..

  2. william

    I think the battle is lost.
    Raw milk is legal to drink in Canada and the United States. However, as soon as someone else milks an animal and gives/sells/distributes that milk to someone other than their immediate family: we have a liability issue. If someone becomes ill or dies from tainted milk (pastuerized or raw) someone is accountable.
    With commercial pasteurization, government agencies step in to assure consumers a safe way to distribute the milk (it may not be the healthiest food source) but it is an ‘easy’ way to regulate it’s safety. Slow pasteurization is a safe compromize to raw milk. It contains most of the enzymes and good bacteria found in raw milk. Government agencies can regulate slow pasteurized milk processing but not raw millk distribution. Slow pasteurization assures that deadly pathogens are eliminated, hence small farms like ours can acquire liability insurance…..

    • William : I suggest you take a trip to California or Germany or France where fresh Real Milk has been available pretty much forever .
      In one sense you may be right that the “battle is lost” if enough people , in Canada at least, are brainwashed into mediocre , materialistic , third dimensional thinking based on the guidelines of Louis Pasteur. However we are certain that in Germany, France, Slovenia, Poland and Italy farmers do not have to jump through any unusual “hoops” to purchase liability insurance for the WHOLE farm operation, with or without a raw dairy component. It would be useful point to research more deeply and write about. I hope that some journalist takes up this aspect of the cause.

      So far the focus of news we hear of from Europe has been those amazing unmanned 24 hour raw milk vending machines. This, in itself, is quite a powerful image for pampered North Americans and quite effective at opening our minds to hitherto unknown possibilities.

  3. Richard Barrett

    Thanks Michael, Because of what you have and are going thru, I became interested in Cow Share Canada, became a member of The Canadian Raw Milk Advocacy Group (www.rawmilkconsumer.ca) , became a member of The Weston A. Price Foundation, and now follow The Raw Milk Institute (www.rawmilkinstitute.net/about-rawmi/ ). I have seen Federal and Provincial Politicians. I have been threatened by a Milk Regulator (Grady Owen) not to visit a Dairy Farm in Alberta. I have visited Dairy Farmers in Ontario whom have taught me their perspective which I deeply appreciate. Thanks and may the MILK & HONEY Flow in Canada!

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