Tag Archives: Charter of Rights and Freedoms

Michael Schmidt’s raw milk tribulations as an example of the evisceration of liberty in Canadian courts

From the Fraser Institute.org

by Karen Selick, Derek From, and Chris Schafer

A scene from the operetta “Milk Trial by Jury”, a retelling of the Michael Schmidt story with music by Gilbert and Sullivan. July 2010

“….A constitutional guarantee of liberty, to be consistent with J.S. Mill’s description, should ensure that everyone has the right to freely pursue their own happiness as long as their actions do not harm others. Such a constitutional guarantee would protect individuals from unjustified state inference with their chosen way of life. But there are many ways in which the courts in Canada have permitted the government to impede individual liberty.

For example, the government may confiscate your property without compensation (R. v. Tener). It can force you to have your photo taken even if it conflicts with your deeply held religious beliefs (Alberta v. Hutterian Brethren of Wilson Colony). It can force parents to educate their children in a particular fashion (R. v. Jones). It can force individuals to pay union fees even if they are not union members (Lavigne v. Ontario Public Service Employees Union). It can punish you for putting certain substances in your body (R. v. Malmo-Levine; R. v. Caine). And it can prohibit you from entering into mutually agreeable contracts with other individuals (Reference re ss. 193 & 195.1(1)(c) of Criminal Code (Canada)). Continue reading

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CBC News on Mark Tijssen asking for a judge instead of a justice of the peace, so he can cite Charter in pig sharing case

CBC News covers the Mark Tijssen case in a story titled “Pig slaughter case sees Ottawa man cite charter”:

Mark Tijssen, the man at the centre of the controversy, outside his Ottawa-area home. Photo courtesy of Michael Schmidt

An Ottawa man who faces charges after slaughtering a pig and sharing the meat with a friend wants an Ontario court judge to hear his case so he can mount a defence based on the Charter of Rights and Freedoms.

Mark Tijssen was charged under the Ontario Food Safety and Quality Act last November after a friend left his home in the eastern Ottawa community of Carlsbad Springs with 40 pounds of pork from a pig they had slaughtered. Continue reading

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Michael Schmidt and the Crown submit final arguments in raw milk case under the Charter of Rights and Freedoms

Michael Schmidt’s raw milk case is in two parts (or three if you count the contempt charges). The part for which these final arguments apply is the part that is being argued under Canada’s Charter of Rights and Freedoms. 

Dinner and a movie July 18th, 2009 presented by Symphony in the Barn at Michael Schmidts Glencolton Farms near Durham Ontario.

Dinner and a movie July 18th, 2009 presented by Symphony in the Barn at Michael Schmidt's Glencolton Farms near Durham Ontario. The Silent Movie was accompanied by live chamber music.

Michael Schmidt’s final argument in the Charter case appears below (after the letter). These arguments were submitted on June 26th. The Crown’s final argument (submitted July 24th, 2009) can be found at this link. Michael will appear before Judge Kowarski on August 31, 2009, at which time a date will be selected on which the judge will render a verdict. I believe the final arguments in the other part of the case are yet to be submitted. 

And now here’s that final arguments from Michael Schmidt in the Charter case for raw milk:
Continue reading

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