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Background reading for proposed raw milk injunction Court hearings May 29th and 30th re Glencolton Farms

Raoul Bedi, BASc, has thoughtfully compiled some background material for us to study in preparation for going to Court May 29th and 30th in Newmarket (50 Eagle Street) at 9 am. 

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Michael Schmidt and Elisa van der Hout with some of their preparatory reading for this week’s court appearances.

Ontario Court Lexicon for Current Raw Milk-related Matters (Part 1) Compiled by Raoul Bedi, BASc

Newmarket Court Case File Numbers :

                  1. CV-16-125371-00

                  2. CV-16-125250-00

The Applicants, Gavin Downing, Director under the Ontario Milk Act, and the “Regional Municipality of York” draw upon , at least, 7 different sections of law, including laws at the municipal,provincial and federal level, in their claims, in the Ontario Superior Court of Justice, against the defendants, Michael Schmidt, ARC inc., Glencolton Farms, The Church of the Christian Community in Canada, et al . These include :

                1. The Ontario Milk Act RSO 1990 cM.12

                2. The Health Protection and Promotion Act, R.S.O. 1990,Ch.7

                3. Provincial Offenses Act, RSO 1990, cP.33

                4. Municipal Act

                5. Rule 40 of Civil Procedures

                6. Section 101 of the Courts of Justice Act

                7. Section 127 of the Criminal Code

Breaking it down further, the 2 cases most heavily involve #1 , The Ontario Milk Act, and #2 , the HPPA followed by #4, the Ontario Municipal Act, where 4 sections are drawn upon.

The following focuses on the laws and regulations the plaintiffs seek to apply from the Ontario Milk Act and the Ontario “Milk and Milk Products” regulations 761, to interfere with and/or ultimately halt the private, member-only operations of “Agri-Cultural Renewal Co-operative Inc.”, it’s employees, supporters and friends in the enjoyment of their god-given food and private property rights and good health.

I – The Ontario Milk Act Continue reading

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Oregon Organic Farm Facing Court Order to Spray Roundup — WHY??

An Organic Farm Under Threat

Azure Farms is a working, Certified Organic farm located in Moro, Central Oregon, in Sherman County. It has been Certified Organic for about 18 years. The farm produces almost all the organic wheat, field peas, barley, Einkorn, and beef for Azure Standard.

Sherman County is changing the interpretation of its statutory code from controlling noxious weeds to eradicating noxious weeds. These weeds include Morning Glory, Canada Thistle, and Whitetop, all of which have been on the farm for many years, but that only toxic chemicals will eradicate. Continue reading

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Raw Milk Legalization — Canada vs US

From the Farm to Consumer Legal Defense Fund:

“This June the trial of Ontario dairy farmer Michael Schmidt and three other farmers for obstructing a police officer will resume. The charge stems from a 2015 raid of Schmidt’s Glencolton Farms where members of a food cooperative obtaining raw milk products and other foods from Schmidt stopped police from confiscating those foods.

The province of Ontario and local government authorities have been prosecuting Schmidt since 1994 for distributing raw milk, spending millions of dollars of taxpayers’ money in the process. The sale and distribution of raw milk have remained illegal throughout this entire time in all Canadian provinces. It’s interesting to contrast the provinces’ refusal to change laws on raw milk sales with legal developments in the U.S. over the past 23 years.

While provincial and local governments have been wasting millions of dollars since 1994 in prosecuting Schmidt, 16 states in the U.S. have either legalized the sale and/or distribution of raw milk or increased access to it through changes in statute, regulation, or policy. The states are Arkansas, Colorado, Connecticut, Idaho, Maryland, Michigan, New Hampshire, North Carolina, North Dakota, Ohio, Tennessee, Utah, Vermont, Virginia, West Virginia, and Wyoming. Continue reading

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Lessons for raw milk legalization?

Recently there’s been a lot of ink spilled over the imminent legalization of marijuana in Canada. Rick Salutin’s recent column in the Toronto Star, titled “Pot laws looked like they’d never change — Then WHAM”, seems particularly applicable to the not-too-dissimilar challenges around raw milk legalization:

“Deep social change happens so slowly it looks like nothing is happening. Not just over years but decades, maybe longer. Nothing, nothing, nothing, nothing. Then WHAM. The imminent legalization of (nonmedical) marijuana is a perfect example. Its perfectness even has a generational, father to son, symmetry.

Back in 1969 the Liberal government of Pierre Trudeau appointed a royal commission to recommend policy on marijuana. Its head was a future Supreme Court justice. They heard hundreds of witnesses, including John Lennon, and in 1973 reported. Two of the three members recommended decriminalization for possession and cultivation; the third supported legalization. No one suggested keeping it criminal. It must have been what Trudeau wanted. You always select people knowing what they’ll give you. Then nothing nothing nothing — till the son. Continue reading

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Trial Continues March 13, 14, 17, 20

The trial of the five people charged in relation to the raid on Glencolton Farms on October 2, 2015, continues Monday March 13, Tuesday March 14th,  and Friday March 20th of this week and also next week Monday March 20 in Walkerton.

So far the court has only heard from the first witness of the crown, Glenn Jarvie.  Michael is still cross examining him and will continue to do so for a good part of Monday. There are several more crown witnesses to testify and be cross examined.  Then the defense will bring in their witnesses and the crown will have a chance to cross examine them as well.

Supporters of food freedom, or anyone interested in the case, are welcome to come to Walkerton to observe the trial in progress.

For more context, see last week’s story.

 

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“Ask the folks who drink it” — Raw milk views expressed in recent letters to the editor of the Richmond Hill Liberal

 One of our readers send this in to the Bovine’s galactic headquarters. Firstly, here’s a photo of the poster that Lois was referring to in her original letter (farther down in this post):

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Raw milk awareness poster from York Region (Ontario, Canada). Thanks to an alert reader of the Bovine for sending us this photo.

I was reading The Liberal (Richmond Hill local paper) and came across this letter-to-the-editor:

LETTER TO THE EDITOR: Agree with letter writer on raw milk

Richmond Hill Liberal

Re: LETTER TO THE EDITOR: Region’s raw milk poster offensive, misleading, Nov. 11.

Although I don’t drink raw milk, I agree with Lois Banks’ letter. Over the last few months, I have been following the regional and provincial governments’ persecution of a local farmer and his family. It is beyond disturbing that for years, these ethical, knowledgeable individuals have been intimidated, harassed, and dragged through the courts. And why? — for the sole purpose of preventing them from legally providing clean and healthy raw dairy products to people in a closed co-op group. The harassment continues.

If the government believes these products to be unsafe, they should regulate them through legitimate third party testing. It’s hypocritical of governments to engage in these bullying practices when large corporations are free to sell known carcinogens, such as those found in tobacco products. It’s very apparent that tax revenues take priority over citizens’ health. This is yet another illustration of our government engaging in David vs. Goliath tactics.

It is also completely unacceptable that our increasingly stretched tax dollars should be used in such a wasteful manner.

Surely in a democracy, unwarranted government interference in the food and drink choices of its citizens is an infringement of basic human rights.

Ann Marie Fish
Richmond Hill


http://www.yorkregion.com/opinion-story/7024456-letter-to-the-editor-agree-with-letter-writer-on-raw-milk/

There’s also the original letter:

LETTER TO THE EDITOR: Region’s raw milk poster offensive, misleading

Richmond Hill Liberal

Dear fellow citizens,

York Region’s raw milk poster is offensive and misleading. There are more kinds of milk than this.

Raw milk, like any ‘raw’ or ‘pasteurized’ food, can make you sick if contaminated.

People who drink unpasteurized milk do so mostly because they wish to have whole organic or biodynamic foods, support sustainable farming and consume food from local farmers.

Thousands are drinking milk from goats, sheep, buffalo and cows. Canadians are free under the Charter of Rights and Freedoms to eat and drink what they wish, follow their own conscience, and pursue happiness and health.

Canada is the only G8 country where unpasteurized milk is not regulated and sold in stores. Why not regulate milk here too?

The Queen of England drinks raw milk and so do all of her children and grandchildren.

If you want to understand the bigger picture and find out where our current milk laws originated, see the documentary Farmageddon.

Thousands are dying from cigarette-related diseases and other things. Let’s put the focus where it really is needed.

Lois Banks
Richmond Hill

http://www.yorkregion.com/opinion-story/6959925-letter-to-the-editor-region-s-raw-milk-poster-offensive-misleading/

Continue reading

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Did infected sheep come from U.S.?

This was the story from February 2015 that appeared around the time of the start of pre-trial hearings in the sheep-napping conspiracy case involving Michael Schmidt and Montana Jones. Once the presiding judge slapped a publication ban on the proceedings, the National Post took down this story. But now that the case is closed — it was thrown out due to having taken too long to come to trial — reporters can again report on it, and the National Post have put the story back up.

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Montana Jones and one of her threatened Shropshires, earlier on in the long saga. This photo from Ursula Fugger (Shropshiresheep.org) was used in the National Post story.

From Adrian Humphreys in the National Post:

“The bizarre case of a flock of rare sheep — purportedly stolen from an Ontario farm by agricultural activists to thwart a federal kill order during a disease scare — was adjourned after government documents suggested the infected sheep that sparked the high-profile standoff could have actually been an animal from the United States. Continue reading

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