Tag Archives: legal

News from raw milk “obstruction” trial

On his Complete Patient blog, David E. Gumpert has published a comprehensive roundup of the state of the two pending legal cases regarding raw milk at Glencolton Farms:

“In one action, Schmidt and Elisa VanderHout face the threat of court proceedings from an injunction to “enforce” the ban on “distribution” of raw milk. Michael and his wife, Elisa, argue that the milk act does not apply to the shared ownership arrangement that governs the operations at Glencolton Farms.

The submissions for the injunction case are over. A ruling from the judge could come any day on whether or not he will grant the injunction from York Region and the Ontario  Ministry of Agriculture. If granted, the ruling will move  the prosecution into criminal proceedings (contempt of court) to any farmers, mothers, community leaders, etc. who participate in a milk drop or handle raw milk for human consumption. In the case of Glencolton Farms, the farm is a cooperative structure, which means that many members own the farm and benefit from everything that the farm produces. This case in Canada is an important one to watch as the ruling—either way–will significantly affect what foods Canadians have access to and how the regulatory agencies and courts will target individual farmers and producers.

In a second and more dramatic case, Schmidt continues his trial on the charges of obstruction of a peace officer . These charges, against Michael and originally four other men, stem from the raid on Glencolton Farms by Glenn Jarvie and the Ministry of Agriculture and Food in October 2015. During the raid, the government confiscated computers and some documents before 80 farm owners, friends and neighbours showed up and blocked the driveway. Farm members stood in the cold driveway at the farm, blocking the government vehicles from leaving as long as the trucks had the farm owners’ property in them. Only five people were charged. Over the course of the hearings for the obstruction charges, all were dropped except the charges against Schmidt and two other defendants.

Schmidt provided a recent video update where he speaks about the bureaucratic mishaps that have him labeled as a Canadian “terrorist,” in the words of at least one law enforcement person involved in the court proceedings. The irony of this is that Michael is a firm advocate of peaceful resistance. The entire time Michael has stood up for his rights as a farmer and for the rights of consumers to procure the foods of their choice from the producer of their choice, he has done so with an emphasis on non-violence.

Just after he gave that update, Schmidt was back in court. During that court proceeding, after a particularly agitated exchange between the defendants and the judge, a spectator left the courtroom and said aloud that the court proceedings were not seeking the truth or justice. This led to the court police assaulting the man, giving him injuries that led to his being taken to the hospital where he was released after treatment later that day. Schmidt provided another video update about the incident….”

Read it all on “The Complete Patient” blog.

The obstruction trial is set to continue in Walkerton on July 28th, August 4th and August 25th of 2017.

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Another look at the laws about raw milk

Contrasting Ontario Laws and Acts about Raw Milk in Courts with other Major Jurisdictions (Part 2)

by Raoul Bedi, BASc

I – Introduction :

Last week we listed some of the major acts, laws and regulations being cited by Crown Lawyers in the latest manifestions, in the form of the 2 applications listed below, in the never-ending case(s) against Organic Raw Milk and its adherents, consumers, supporters, co-op members, farmers and producers in Ontario and Canada. For brevity’s sake we gave only the relevant sections from the Ontario Milk Act and Milk Regulations to begin with .

We then observed, in Newmarket Court, the Crown Lawyers for Gavin Downing, director for the Milk Act, and the York Region Municipality, systematically work through all of those major acts, one by one in great detail, stating first which sections were violated, what they say and mean, and then the evidence (from myriad affidavits, discovery and testimony) to support their claims of violation, and punishment(s) sought.

In addition to all the Acts and Regulations listed last week and again today, the Crown’s Legal team consisting of 4-5 lawyers, also cited 6-10 examples of Case Law which we will not list here. Of interest was the fact that they cited case law from England to justify the enforcement of certain bureaucratic regulations, and the need for concomitant restraining orders where they have been continually violated.

The SUPREME IRONY here is that they failed to cite the most important Laws and Statutes of all , from the United Kingdom , namely that Fresh, Organic Raw Milk from Grass-fed cows is 100% legal and freely available from Her Majesty the Queen’s homeland . Please see https://www.food.gov.uk/business-industry/farmingfood/dairy-guidance/rawmilkcream#toc-4

How can this be one might ask ? Continue reading

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Raw Milk Injection Site? Why Not?

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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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One acquittal, more court dates, for five accused in Walkerton obstruction case

by Beverley Viljakainen

Three of the five men charged with obstructing a peace officer during the October 2, 2015 raid on Glencolton Farms comprised the defence at the trial that began in Walkerton on March 6, 2017: Robert Pinnell, Michael Schmidt and John Schnurr, each representing himself. Robert Pinnell was acquitted during the second week of proceedings and the trial was adjourned on March 23 until additional dates and court space can be arranged, to be finalized on April 12. It is anticipated that another three days will be needed, the judge’s ruling to be handed down thereafter.

As one of Michael’s witnesses, I was unable to be in the courtroom until after I testified, but I did spend some time in the waiting room in support of those inside. The rather large police presence, both inside and outside the courtroom, was not missed on anyone. Each day there were usually four OPP uniformed officers, heavily armed at the waist, sitting or standing across the back of the courtroom, while three others sat in a small meeting room adjacent to the waiting room until it was their turn to relieve those inside. It felt like a very them-us situation and I began to wonder if they felt safer in there? Was it a status thing? Were we who were waiting in the larger area the proverbial ‘other’ to them? Suffice it to say that, for me, it was a very strange way for a police officer to spend his or her working day and there were a lot of them having to do just that. Continue reading

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Farmer Michael Schmidt Reports on the Trial of the Five Accused in Walkerton

Court report just in from farmer Michael Schmidt:

Ken McPherson, formerly a detective with the West Grey Police, addresses the crowd at the standoff October 2, 2015, from which the obstruction charges, now being tried in Walkerton, are related.

Six weeks after the standoff at Glencolton Farms on October 2.2015 five arrest warrants were issued. As a result Michael Schmidt, John Schnurr and Robert Pinnell turned themselves in at the West Grey Police Station. They got arrested, fingerprinted, mug-shots were taken and then they were released.

Enos Martin a local farmer never got notified. They violently arrested him three times on the same charge, twice on the same day and a third time weeks later in front of his crying wife and young children. He ended up in hospital filed a complained to charge the officers for assault. His charges got dropped.

The arrest warrant for George Hugh Bothwell was made public by West Grey Police in the Owen Sound Sun Times. No success.

A facebook page FIND GEORGE achieved only humorous postings and George Hugh Bothwell was not to be “found”, despite Geo happily living and farming at home.

Ken McPherson is the West Grey Detective in charge of investigating the failed spy camera affair, was in attendance as a peace officer at the raid October 2. 2015. He laid the charges and issued the arrest warrants for the 5 accused.

He suddenly resigned from West Grey Police and deleted all his e mails on the police computer according to a response from the Police department after a Freedom of Information request had been filed. Continue reading

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Not only does he drink, he also smokes

The latest from that Michael Schmidt:

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