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.

Michael Schmidt vows to take raw milk fight to the Supreme Court — CBC news

From The Canadian Press via CBC news:

Michael Schmidt talks to a reporter during a recess in his 2011 court appearance, in Newmarket Ontario following which his landmark 2010 acquittal was overturned by Justice Tetley, on appeal from the province of Ontario. Today’s ruling upholds Justice Tetley’s decsision on the legality of raw milk.

“A farmer who has spent two decades fighting for the right to sell unpasteurized milk to willing buyers pledged to take his case to the country’s highest court Tuesday after losing an appeal against his conviction for breaking public health laws.

Speaking minutes after the Ontario Court of Appeal ruling, an unbowed Michael Schmidt said he would continue with his milk operation and legal battle.

“Nothing really changes for me,” Schmidt told The Canadian Press.

“Our plan is to move right to the Supreme Court. That’s the bottom line. We’re not stopping here.”

In its ruling, the Ontario Court of Appeal upheld a 2011 conviction against Schmidt that saw him fined $9,150 under provincial health-protection laws.

Ontario does not ban the consumption of raw milk and farmers are allowed to drink the milk produced by their own cows. However, the sale of unprocessed milk is banned on the grounds that it poses a significant risk to public health.

Raw milk appeal ruling later today

From Michael Schmidt:

Tuesday March the 11th at 10.30 am the Ontario Court of Appeal will render the ruling of the three judges in the longstanding, long lasting raw milk case, which started 1994 here in Ontario.

I have reported over the years on many statistics comparing the difference in death rates of various activities.

The most striking one is smoking, which on the one hand creates an enormous amount of tax revenue but on the other hand also burdens health care dramatically.

There are approximately 2.1 million smokers in Ontario. According to the GOVERNMENT 1 in 3 will die from smoking.

Judge’s ruling drove Dan Brown out of farming — now he’s appealing the case

From David E. Gumpert, on the Complete Patient blog:

Former Maine Farmer Dan Brown, interviewed by television reporter. Photo via The Complete Patient blog.

“Lawyers for Maine farmer Dan Brown say a judge who issued an injunction last April barring him from selling raw milk “completely overlooked” that he would have had to spend $62,500 to comply with regulations to obtain a state permit for his one-cow dairy.

As a result, “The injunction has put Mr. Brown’s farm out of business,” according to a brief filed on behalf of Brown by the Farm-to-Consumer Legal Defense Fund to appeal the decision by Superior Court Judge Ann Murray.  In addition, Brown was assessed $1,132 in fines and court costs. 

43 Mainstream Media Outlets Cover Michael Schmidt’s Raw Milk Appeal

Michael Schmidt talks to a CBC news reporter on the steps of Osgoode Hall Wednesday.

According to Michael Schmidt’s first lawyer, Clayton Ruby, this case will be won or lost in the court of public opinion. And that’s why the news media coverage is significant. Because coverage in the press helps spread public awareness of the issue. Regardless of the slant of the stories, questions are being raised in the minds of thinking people across the country. By the way, that count of 43 is as of Saturday, Feb. 8th, according to Google’s news aggregator. Here are 25 examples from that list:

Michael Schmidt “upbeat” as he prepares for Feb. 5th appeal date

From David E. Gumpert, on The Complete Patient blog:

Michael Schmidt enjoys a winter interlude with his family at his Glencolton Farm this past weekend. 

“Canadian raw dairy farmer Michael Schmidt has been in legal limbo for about twenty years now. It’s difficult to even make that statement without wondering, first, about the system that allows such ongoing official pressures on one farmer, and second, about what it is like to live with such a situation.

All you have to do is know Schmidt even casually to appreciate you are dealing with someone who has deep strength, to possess the determination to stand up for his principals, and deep spiritual reservoirs, to do so without rancor or hatred.

Michael Schmidt and raw milk in court Wed. Feb. 5th, Osgoode Hall, Toronto

February 5th is the date when raw milk will have its day in court in Ontario:

Michael Schmidt with his cow Lisa by Michael Beaty of the Toronto Star. Click image for Star story

Raw milk farmer and food rights activist Michael Schmidt will be appealing his 2011 conviction on raw milk offenses. That conviction took place following the Crown’s appeal of his June 2010 acquittal on the same charges. So what will happen this time? Michael has invited supporters and cowshare members to come out to the court proceedings to see for themselves. Location and time details are at the bottom of this story. Michael has sent us some brief biographies of the three judges who will be hearing the case:

These are the three judges hearing the raw milk case on February 5. 2014 at Osgoode Hall 

Raw milk farmer Michael Schmidt to appeal contempt conviction in B.C.

From Scott Dunn in the Owen Sound Sun Times:

Michael Schmidt raises a glass of raw milk in a toast to his supporters at a raw milk rally outside the Grey Bruce Health Unit in Owen Sound in October 2011. Photo via Owen Sound Sun Times.

“Local raw milk advocate Michael Schmidt is appealing a British Columbia Supreme Court judge’s finding of contempt against him for violating an injunction to stop the distribution of raw milk for human consumption under the “ruse” of saying his raw milk was a cosmetic.

Justice Randall Wong, in a June 5 written decision, found Schmidt and B.C. farm owner Gordon Watson in contempt of the court’s March 18, 2010 injunction after the Fraser Health Authority filed a petition calling for a finding of contempt and special costs.

Michael Schmidt off to court this month

Michael Schmidt, in his kitchen, getting ready for an interview with documentary filmmakers, two years ago, in January 2010 on the eve of his acquittal on raw milk charges. The Province has since appealed that acquittal and, as a result, Michael has been convicted and fined on charges related to raw milk distribution. Last year a judge granted permission for Michael to appeal that conviction.

We’ve gone a long time without much overt legal sparring in the Canadian raw milk and food rights scene. But that’s soon to change as raw milk farmer Michael Schmidt heads to court later this month to face charges of conspiracy in connection with the disappearance of a herd of controversial heritage sheep that were under quarantine by the CFIA.

Raw milk appeal breaking news in TO

From CP24 news:

Click image to go to story on CP24

“TORONTO — An Ontario dairy farmer convicted of producing, selling and distributing raw milk has won the right to appeal.

Karen Selick, a lawyer for Michael Schmidt, said the Ontario Court of Appeal granted the leave to appeal Thursday following arguments.

Schmidt was sentenced to one year of probation and fined $9,150 for operating an illegal cow-share business….”