Monthly Archives: November 2020

Summing Up the Arguments for Raw Milk from this Past Week in Court

Here’s a quick summary of some of the key arguments regarding the safety of raw milk, presented in court on behalf of the appellants over the past week, compiled by Raoul Bedi. Of course the case itself was not primarily about raw milk safety but rather about the rights of people to access a food of their choice, and much of the discussion in court was around various ways to look at that as well. But all the discussion about food safety can be seen as underlining the argument that a choice to drink raw milk is not such a reckless choice as has sometimes been portrayed by established “experts” in the field. So with that preamble, here is Raoul’s summary:

“1. There are numerous benefits to organic properly produced raw milk (to the highest standards of hygiene and animal husbandry)

2. The risks can and are mitigated, again with proper systems in place for health of the animal and hygiene of the farm and cold chain management

3. The risks are “De MINIMIS” (negligible) again when compared to other foods like (lettuce, turkey, oysters, chicken or eggs) and when compared to the rest of the world where 99% of the countries already allow and regulate safe raw milk for production, sale and distribution.

4. The arguments of the Ontario government, municipality of York Region, Federal government and DFO/ DFC consistently rely on old research from between 11 and 80 years and have not evolved along with the rest of the world.

They are especially deficient in the advancing field of QMRA risk analysis of which only Expert Peggy Coleman has training and was able to provide coherent evidence, affidavits explanation on.

Contrast that with the Ontario Government’s lead expert Professor Manfred Griffiths who was proven by lawyer Ian Blue (representing the appellants) to have recycled over 90% of his same affidavits verbatim from the Ontario Raw Milk Trial in 2009. So much for keeping up with times!

I would add they are absent any mention of the importance of rapid testing technology called BAX PCR RT that RAWMI trained farmers are now able to use to test all their cows onsite and within a few hours every single day, thus negating the need for expensive weekly visits of veterinarians as in the German Verzug milch system.”

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Raw Milk Charter Challenge Coverage in the Epoch Times

It will be interesting to see whether this story gets any ink in more mainstream media. Since the story first broke in the early 90s, the Toronto Star, the Globe and Mail, The National Post, Toronto Life, CBC-TV, CTV and Global News have published a lot of stories exploring various aspects of the issues around raw milk and even running public polls in an attempt to gauge public support for legalization. One wonders what might have changed in how this issue is seen by the media. Well, at least the Epoch Times recognizes this as a significant story. Court proceedings continue today, Friday Nov. 20th starting at 10 am. Watch here on youtube live.

“This week (Nov. 17-20, 2020), proponents of raw milk legalization are duking it out with provincial and federal governments in Ontario’s Superior Court of Justice, under the eye of Madam Justice Shaun O’Brien.This time, the raw milk advocates have marshalled an impressive amount of scientific evidence, much of it produced within the past decade. Most of it can be read in this 700-page Application Record. The cross-examinations of the government’s experts showed that they were embarrassingly unaware of recent developments in this field.Even though raw milk can’t be sold, it can be legally consumed if you or your family own a cow. Surveys have shown that about 2 percent of Ontario residents drink raw milk. Some live on farms; others buy it on the black market. The government warns consumers that raw milk might harbour nasty germs—and indeed it might.Statistically, however, the risks pale in comparison with the number of illnesses, hospitalizations, and even deaths (approximately 238 per year, the federal government says) caused by foods such as meat, eggs, fruits and vegetables. All of these can be legally purchased in thousands of outlets across the country. When an outbreak of foodborne illness occurs among these products, suspect batches are temporarily withdrawn from the market. For example, so far in 2020, there have been 25 food recalls for salmonella and 2 for listeria in products ranging from eggs to parsley to alfalfa sprouts to herring, but nobody would ever dream of outlawing these foods permanently….” https://www.theepochtimes.com/raw-milk-constitutional…

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Going into Day 4 of Court Proceedings

While the Court has been very careful to recalibrate the testimony of expert witnesses who were seen to have strong personal pro-raw-milk views, it will be interesting to see whether they will similarly recalibrate the weight they give to the testimony of experts who have strong personal anti-raw-milk views. David Gumpert’s report on the proceedings so far, suggests that John Sheehan of the US FDA may be just such a person.

Links for Thursday and Friday:

Thursday, November 19, 2020: https://youtu.be/pDxX4swkISA

Friday, November 20, 2020: https://youtu.be/4YXGKgi7weg

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Going into Day Two of Court Hearings

David Gumpert of The Complete Patient blog has posted coverage of the start of the court hearing yesterday. Here’s a excerpt from his post:

“Three years ago, it appeared as if Schmidt was at a dead end legally, when he was threatened with extended jail time following legal setbacks in his long crusade to legalize raw milk sales in Ontario and elsewhere in Canada. But he was convinced by supporters and legal experts that he should pursue a new path to legalization—one that involved seeking an exemption to the raw milk ban based on newly published scientific evidence about raw milk’s benefits, and also on the legal argument that Canadians have the right  under the Canadian Charter to consume raw milk as a matter of conscience if they believe it is essential to maintaining good health.

Ironically, Schmidt is not technically part of this latest legal push—it is being pursued by his wife, Elisa Vander Hout, along with the owner of a second Ontario dairy and a group of some 20 long-time raw milk drinkers. But in a Facebook post Monday, Schmidt stated: “There are 21 people who are challenging the law prohibiting the distribution of raw milk. They firmly believe that this law is discriminatory and goes against the Canadian Constitution and the Charter of Rights and Freedoms. Please understand that this case is not only of the essence to milk-drinkers, but to anyone who wants to be free to make their own (informed) choices about what to eat, drink and inject into their own bodies.”…”

Read the whole story on David Gumpert’s The Complete Patient blog.

Links to Youtube live feeds for all five days of the court proceedings.

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Raw Milk is Back in Court This Week

After no news for so long, this week there is a constitutional challenge being heard in court on behalf of a group of people who are concerned about getting legal access to raw milk. Court proceedings are being streamed live. Here are the links:

Live streaming links:

Monday, November 16, 2020: https://youtu.be/brYZTygAboc

Tuesday, November 17, 2020: https://youtu.be/lGwVYdS_1Fs

Wednesday, November 18, 2020: https://youtu.be/jQiP2E0YUmQ

Thursday, November 19, 2020: https://youtu.be/pDxX4swkISA

Friday, November 20, 2020: https://youtu.be/4YXGKgi7weg

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