Justice Tetley was the last judge to rule in the Michael Schmidt raw milk case. He found Michael guilty on several counts and sentenced him to pay a fine. Michael Schmidt will be at Osgoode Hall July 26th seeking leave to appeal Justice Tetley’s ruling on his raw milk case. The following is one of several points of law being raised in the appeal, and is from the Appellant’s factum.
Michael Schmidt speaking about raw milk and food rights.
(ii) Questions of Law Alone
44. The following questions of law are raised in this appeal:
(a) Was the applicant denied natural justice and a fair hearing by the actions of Justice Tetley who in effect usurped the role of prosecutor in the appeal?
Read the petition here.
Click image above to go to the page where you can sign the petition.
We’ve been hearing reports for some time now that people on their own initiative have been writing to Justice Tetley to voice their concerns about the Michael Schmidt case.
People have been writing about it on the Support Michael Schmidt Facebook page, for example.
Here are some of the things folks have written to Justice Tetley: Continue reading
From Paul Jankowsky, in the Owen Sound Sun Times:
Dr. Hazel Lynn, MD, FCFP, MHSc - Medical Officer of Health, Grey Bruce Health Unit
A 1994 health inspector’s order that directs Michael Schmidt to stop “manufacturing, processing, preparation, storage, handling, display of unpasteurized milk and milk products” remains in effect even though three charges against the Durham-area farmer for breaching the order in 2006 have been dismissed, Dr. Hazel Lynn, the medical officer of health for Grey Bruce, said Thursday.
Whether the health unit will strictly enforce the order as Schmidt attempts to appeal other convictions related to his raw milk business remains to be seen, Lynn said.
In a ruling released Wednesday, Justice Peter Tetley overturned the findings of a justice of the peace, who in January dismissed all 19 charges laid against Schmidt in 2006 related to the production and distribution of raw — or unpasteurized — milk. Tetley convicted Schmidt of 15 charges but dismissed those relating to the 1994 health inspector’s order. Continue reading
From David E. Gumpert, on the Complete Patient blog:
Michael Schmidt talks to reporters at a news conference September 27th in Thornhill, at the raw milk blue bus.
“While expressing sympathy for the arguments of raw milk drinkers and producers, an Ontario appeals judge has nonetheless reversed Michael Schmidt’s exoneration nearly two years ago on charges of violating the province’s dairy laws. It’s even conceivable, the judge said, that Schmidt could be jailed.
In the judge’s opinion, the legislature made a rational decision to ban the sale and distribution of raw milk, even if it might have discriminated against consumers who want raw milk. .
In his 77-page decision, Judge P.D. Tetley stated: “The balancing of the competing interests of preserving and maintaining public health on the one hand against the resultant limitations on the right to choose what we eat, on the other is… a matter for the legislature. The restrictions imposed on certain residents of Ontario, as far as the consumption, distribution and purchase of raw milk is concerned, are within the authorized ambit or scope of legislative authority. In view of the evidence presented at trial it cannot be concluded the law, as it presently stands, is overbroad from a constitutional perspective or too sweeping in its breadth. While it may effectively discriminate against non-farm dwelling raw milk consumers, that fact in itself does not necessarily render the law non-Charter compliant, particularly in relation to the Respondent who, as a dairy farmer, is not a member of the restricted group.” Continue reading
Three days to go -- In this picture we see four happy brothers all raised on raw milk. From left William with Florian, who is now a medical doctor in Germany. Markus now running the day to day operation at Glencolton Farms and a always happy Oliver screaming in my ear; Papa you will win!!!!!!! Just listen to your kids instead to the Government.
There is a real sense of anticipation what the outcome will be of this appeal. Across North America raw milk advocates are getting excited to either celebrate another victory or jump with renewed determination into the battle to defend their farmers to protect their food.
I came to the most obvious conclusion having battled this for almost 18 years that — WE ARE AT THE POINT OF NO RETURN. Continue reading