Michael Schmidt reflects on the Little Chilliwack Dairy Court Drama, part 1

From the operetta Milk Trial by Jury. Not a photo from the recent raw mik trial in BC.

I cannot stop thinking about Susan Beach our counterpart acting, yes acting, lawyer for Fraser Health in our recent court proceedings in BC.

We met the first time at the door of courtroom 208 in New Westminster BC. Yes it was before the curtain call. I walked up to her and introduced myself expressing my gratitude to finally meet her face to face.

She did smile and proceeded in anticipation that finally the controversial ” little Chilliwack dairy” could be forced into compliance, so it seemed.

The curtain rose and all the actors in their place bowed their head as the judge entered the courtroom. 

The BC raw milk court proceedings

Wondering what happened in court out there in B.C. last week, with Fraser Health accusing Michael Schmidt and Gordon Watson of contempt of court? Well, the author of the Bank of Common Sense blog has been public spirited enough to write it all up and post the story, so we can all follow along:

From the Bank of Common Sense:

The accused men, Michael Schmidt and Gordon Watson, with raw milk, on the courthouse steps in British Columbia. Photo from the Food Renegade.com. Click image to go to source post.

“Why is raw milk such a contentious issue? I’ve gone through the big picture regarding raw milk in the previous link. But considering in British Columbia this affects a few hundred people, it seems that it’s out of line to spend over $200,000 in court fees.

I just spent a few days watching a court proceeding in the Supreme Court of British Columbia.

Fraser Health Authority searches Our Cows raw milk farm — Abbotsford News

Echoes of the “Twenty-seven 8 x 10 colour glossy pictures with circles and arrows” mentioned in Arlo Guthrie’s classic song “Alice’s Restaurant” where “you can get anything you want, at Alice’s Restaurant”. Hey, I wonder if they served raw milk. Wouldn’t that be a hoot! And on that note, here’s a video of the song to get us all in the right mood for yet another raw milk news story about the daring exploits of the Fraser Health Authority. 

From Robert Freeman, in the Abbotsford News:

“A search warrant was executed by health officials last week at the Chilliwack dairy farm at the centre of the raw milk controversy in B.C.

Nothing was seized during the Aug. 25 search, but Fraser Health Authority spokesman Roy Thorpe-Dorward said photographs of the farm on Prairie Central Road are being reviewed to determine if a permanent court injunction issued last year against distribution of raw milk is being obeyed by the current farm owner.

Michael Schmidt’s statement regarding actions by Fraser Health re “Our Cows” raw milk cowshare in Chilliwack B.C.

Photo of one of the cows from the "Our Cows" raw milk cowshare in Chilliwack, British Columbia. Thanks to Hella D for the photo. Click image above to go to Hella's post with more such photos.

Statement regarding the Raw milk farm search by health authorities in BC [by Michael Schmidt, who is the agister for “Our Cows”]:

Fraser Health followed exactly my suggestion which I made last year to Tim Chum who is head of enforcement at Fraser Health in BC.

Michael Schmidt’s B.C. raw milk farm “Our Cows” searched by health officials

From Robert Freeman in the Chilliwack Progress:

"Our Cows" members share a day on the farm. Photo from Hella D blog. Click to go there.

“A search warrant was executed by health officials last week at the Chilliwack dairy farm at the centre of the raw milk controversy in B.C.

Nothing was seized during the Aug. 25 search, but Fraser Health Authority spokesman Roy Thorpe-Dorward said photographs of the farm on Prairie Central Road are being reviewed to determine if a permanent court injunction issued last year against distribution of raw milk is being obeyed by the current farm owner. 

Raw milk developments in B.C. — not necessarily court, but court if necessary

From Gordon Watson in British Columbia:

Here’s your comic relief for the day, fans of REAL MILK

Lately I’d been reminded that a section of the Milk Industry Act referred to farms being able to retail raw milk to the public in British Columbia. That section was a vestige of the Act as it was before 1996. Up to 1996, the act had 3 sections explicity saying that a farm could be certified by the Province to retail raw milk to the public. But when I wrote to the Milk Marketing Board, asking how to go about doing that, they replied saying they had no idea what I was talking about

I used that point in my letters to officials, arguing that that proved there was still a statutory duty to accomodate those who want raw milk, as set out in the Report of the Royal Commission on milk marketing, upon which this Act is predicated.

Up ’til August 13th 2011, it used to say:

B.C.’s Fraser Health Authority conducts search of the Chilliwack cowshare farm

The following is from an email sent to Fraser Health in response:

August 29^th 2011

Tim Shum,    Regional Director,  Fraser Health Authority

Emailed to  Tim.Shum@fraserhealth.ca

On Friday August 26^th 2011 upon learning that he had executed a search of the farm in Chilliwack,  I called Inspector George Rice, explaining that,  since the Warrant apparently was predicated upon concerns about my private property – ie, milk produced by cows in which I have an interest – and that my right to make full answer and defence to a charge begins the minute I get notice of such potentiality, then I am entitled to a copy of it as well as the Information to Obtain immediately.   He refused to co-operate, telling me to direct my inquiry to you.  In a voice mail later the same day,  you asked me ‘to clarify my relationship with Home on the Range dairy’.    The short answer is :  Four years ago Alice Jongerden and I started the cowshare known as “Home on the Range” because the government was failing to accommodate those of us who want fresh whole pure raw milk from grass-fed cows. Spelled out at section 40 (3) (q)  of the Milk Industry Act is the statutory duty upon the Minister of Agriculture to make “ … just and equitable provision for the sale of milk from approved raw milk dairy farms ..”  But since September 14  2010,  she has run it as a buying club,  dealing strictly in various foodstuffs  other than raw milk dairy products.  I have nothing to do with that business

B.C.’s Fraser Health says it will refrain from any further enforcement actions against raw milk cowshares pending the outcome of the constitutional challenge

This just in from Alice Jongerden, via Michael Schmidt:

Raw milk farmers Michael Schmidt and Alice Jongerden share a raw milk toast outside Fraser Health offices in Chilliwack earlier this winter. Photo: The Valley Voice.

We attended court to seek direction in pursuing the constitutional challenge, and scored big.

Government Commits to Stop Aggressive Enforcement of Fresh Milk Regulations Pending Constitutional Challenge

Counsel for the Fraser Health Authority committed to the British Columbia Supreme Court to refrain from taking enforcement action against Fresh Milk cowshares pending the determination of a constitutional challenge initiated by Alice Jongerden and Home on the Range cowshare.

Fraser Health smear campaign against B.C. raw milk and Home on the Range

From Hella Delicious blog:

A glimpse inside the Our Cows raw milk cosmetics operation in Chilliwack B.C.. Photo via Hella D.

“This letter was sent to the Editor of Burnaby Now, to set straight some of the disinformation that Fraser Health has been slinging about in order to strike fear into our hearts of good, local, homegrown raw milk.

“Raw-milk dairy rebrands products as cosmetics to stay in business”

Shannon Moneo, writing in The Globe and Mail:

Cosmetics counter at Our Cows in Chilliwack BC. Photo via Globe and Mail.com

A Chilliwack raw-milk dairy has become a de facto cowsmetics counter as jars brimming with only unpasteurized milk are labelled Cleopatra’s enzymatic body lotion while raw cream alone is christened massage cream.

Ordered to stop distributing raw milk for human consumption because B.C.’s Public Health Act considers the product a health hazard, the 22-cow dairy has rebranded to keep raw milk flowing for its 450 Vancouver-area customers.

Disparaged as a “sneaky” way of skirting laws against the sale of raw milk, it’s the latest development in a national campaign that sets public health concerns against consumers who want pure unpasteurized product