Leading Canadian Raw Milk Advocate stands his ground with “Agri-Culture”

Convicted farmer Michael Schmidt announces 2018 festival and plans for new arts centre hub

(Durham, ON): Farmer, advocate and conductor Michael Schmidt has been at the forefront of the national battle for the legal sale of raw milk in Canada for over twenty-four years.

In Schmidt’s recent November 2017 court case he was sentenced to fifteen weekends in maximum security at the Penetanguishene Prison for obstructing a peace officer during a raid on his farm. Currently out on appeal, his sentencing was swiftly followed by a permanent injunction issued by Justice P.W. Sutherland in a January 2018 court hearing in Newmarket, Ontario, which restrains any further raw milk production without licenses.

While the battle is headed to the Supreme Court of Canada, Schmidt continues to find new means to stand his ground, this time with his new Centre for Performance and AgriCulture.

Stay of Injunction against raw milk was NOT granted | Financial Post story

It was announced today to OFOF farmshare members and Glencolton Farms supporters, via email, by the group’s lawyers, that: 

“…the stay of the injunctive orders of Sutherland J. was not granted. We did, however, get the requested stay, or adjournment of the appeal. In short, Nordheimer J. agreed that there was a serious issue to be determined with the Charter Application, and we take that as encouraging. However, he disagreed that the harm amounted to being irreparable, as he characterized it being the appellants decision not to re-purpose the cows for producing milk in a legal way. Further, he stated that the harm could be quantified as damages. On the balance of convenience, he favoured obeying the law until such a law is declared unconstitutional, or in our case, until exemptions are granted….”

In other raw milk news, Michael Schmidt’s former lawyer, Karen Selick, has written a story on the now-criminal status of raw milk in Ontario titled “You can now go to prison in Canada for providing raw milk. Seriously!”. Here’s a brief excerpt from that story: 

“As Canada ambles along towards the day when its prisons will empty of people who did nothing more heinous than possess marijuana, the province of Ontario appears eager to fill its empty jail cells with individuals whose so-called crime was distributing raw milk.

On Jan. 5, 2018, Justice P. W. Sutherland of Ontario’s Superior Court of Justice imposed an injunction in a case called Downing v. ARC. Downing is the provincial Milk Act Director, while ARC is an incorporated farm co-op that allegedly was distributing raw milk, but has now closed down its milk operation. In essence, the decision transformed an action that was previously a provincial regulatory offence punishable only by fines — distributing raw milk — into a federal crime punishable by up to two years in prison.”

Read more on the Financial Post.

Meanwhile farmshare members and friends of legal raw milk in Ontario are raising funds for the appeal and constitutional challenge through a crowdfunding campaign at:  https://www.gofundme.com/legal-raw-milk-canada

Raw Milk Drinkers in Ontario Seek to Raise $100,000 to Challenge Injunction that Criminalizes Raw Milk Distribution

Help us defend constitutional rights of raw milk consumers in Canada!

Raw milk consumers across Canada have spent decades peacefully trying to obtain raw milk from local farmers despite the threat of harassment from the authorities. Finally, some of us have stepped forward to tell the courts that our constitutional rights are being violated by laws restricting access to raw milk – a food that is perfectly legal to consume in Canada.

A January 2018 injunction against anyone “selling, delivering or distributing” raw milk in Ontario was the last straw, criminalizing peaceful citizens who want access to this safe, unprocessed food. So, with the encouragement of leaders from several cow-share communities in southwestern Ontario – we’ve mobilized!

We found a highly experienced lawyer to represent us on a partly pro bono basis, and his legal team has been building our case at lightning speed. In early February they served a Notice of Application against the Attorneys General of Ontario and Canada, on our behalf – 19 raw milk consumers and two raw milk producers, whose freedom of conscience or religion, and security of person, are being violated (under sections 2 and 7 of the Canadian Charter of Rights and Freedoms).

All 21 of us applicants made this commitment despite financial risk, the ordeal of being cross-examined, and fear of the unknown consequences of taking on the Government. We did this not only based on our personal conviction, but on behalf of our raw milk communities and other consumers across Canada, who all stand to benefit from this constitutional challenge.

Please help us pay the legal bills: $100,000 during the next ten months. (Regardless of which side wins at the Ontario Superior Court, the decision could be appealed and ultimately the case may be decided by the Supreme Court of Canada. So next year, unless the case is settled, we will have to raise money for the next round.)

No More Raw Milk for Coop Members due to Injunctions Granted to Shut Down “Milk Plant” and “Distribution”

Glencolton Farms farmer Elisa van der Hout leads a group of OFOF Coop members on a tour of the dairy barn back in April of 2017.

Members of Our Farm Our Food Coop are in a tight spot due to injunctions granted  January 5th to Ontario Milk Director Gavin Downing and the Regions of York, Simcoe and Peel.

In short these injunctions would shut down the “milk plant” at Glencolton Farms and also criminalize continued “distribution” of raw milk in the Regions of York, Simcoe and Peel. The injunctions apply to anyone who has knowledge of the court ordered injunctions, so potentially these apply not just to the operations of Glencolton Farms and the Our Farm Our Food Coop (OFOF) but to any raw milk suppliers or cowshare groups.

One of the few media reports on the injunction that has appeared so far, has been a story in the Owen Sound Sun Times, titled “Court Stops Raw Milk Work“. It remains to be seen whether Milk Director Gavin Downing or representatives of any of the Regions (York, Simcoe, Peel) which asked for the injunctions, will take steps to publicize them, now that they have been granted by the court. Because, after all, the injunctions only apply to those who have knowledge of them.

In his 25 page ruling, Justice Sutherland said that the injunction originally asked for by the Regions was overbroad and that the injunction which he granted more closely followed the wording of the Health Protection and Promotion Act and the Milk Act.

Questions about Michael Schmidt’s recent conviction and sentencing…

Michael Schmidt was sentenced November 6th to 60 days of jail time for obstruction of a peace officer. Citizen Beverly Viljakainen raises some questions about whether justice was done in the court proceedings leading up to that judicial ruling.

The case has been widely reported on in the news media. Here are links to a few recent media reports:

Radio interview with lawyer Karen Selick 

Owen Sound Sun Times

Video clip from CTV London

Blackburn News

92.3 The Dock

Change.org petition

SOME QUESTIONS ABOUT THE PROVINCE OF ONTARIO’S DIFFICULTIES WITH DAIRY FARMER MICHAEL SCHMIDT

by Beverley Viljakainen, November 11 , 2017

1. Why, during the 2017 obstruction of a peace officer trial, were erased e-mails between the chief investigator of the 2015 raid on Glencolton Farms and the arresting officer of the local municipal police unit deemed by Justice Minard to be irrelevant when he supposedly had no way of knowing what they contained? This when both correspondents knew they would be laying obstruction charges and in no way considered the case closed. It is quite possible that the contents of these e-mails would have provided evidence crucial to the defence’s case, especially given that the arresting officer was under the erroneous impression that the five men eventually charged were members of an organization called Freemen of the Land, information possibly used to obtain the search warrant. When the defence questioned the grounds upon which the warrant was obtained, the Justice disallowed it, saying that Mr. Schmidt was on a “fishing expedition” and wasting valuable court time.

2. Why, after several months of a criminal trial supposed to get at the truth, did someone at the Walkerton Court House instruct the Offenders Transport driver, who was taking now-convicted offender Michael Schmidt to prison in Penetanguishene, to advise its staff that Mr. Schmidt was a Freeman of the Land when there is absolutely no evidence to support this claim? The admittance staff member greeted Mr. Schmidt with, “So you are a Freeman of the Land” and readily explained how he had come to know.

Michael Schmidt was Convicted in Walkerton Court of Obstruction

Michael Schmidt in front of the Walkerton Court House at an earlier stage of the Obstruction trial on August 25th, 2017.

Raw milk activist and farmer Michael Schmidt was convicted yesterday (Oct. 19th, 2017) in Walkerton court of obstructing a peace officer. The charge arises from a raid on Glencolton Farms on October 2nd, 2015 in which investigators were prevented — by the crowds of supporters — from leaving the farm with equipment which they had seized. They were eventually allowed to leave once the equipment had been removed from the truck.

This court case has dragged on for many weeks and months, with multiple adjournments, most recently until this past Tuesday Oct. 17, when Michael Schmidt filed an 11b motion to have the case thrown out, since it was taking an excessive time to have justice rendered. In considering Michael’s motion, the judge discounted several months of time required to hear the 20 defense witnesses, on the basis that their testimony had been useless.

Sentencing is set for Wednesday November 8th. Regarding a possible appeal, Michael is currently reviewing all options. Michael says:

“There is already an outstanding appeal in regards of the denial by this judge to have access to West Grey police records which got strangely enough deleted. They relate to communication about who to charge. These e mails were always at the Center of many heated exchanges between me and the judge. The other appeal I am looking at is the 11 b application. He dismissed the validity of ALL our witnesses which is astounding and never heard of. I am currently getting all transcripts. The biggest surprise was that he acquitted John Schnurr. But it highlights that they wanted to get me at all costs.”

Blackburn News is reporting on this story.

The Dock reported on the story.

Owen Sound Sun Times coverage can be read here.

 

“Sacrificial Lamb?” CFIA to kill last remaining Shropshire lamb from Montana Jones’ flock today Aug. 24

This just in via Michael Schmidt:

The CFIA kill-team want the last word. They are scheduled to slaughter the last Shropshire lamb at the Wholearth Farm, Hastings, ON. Today Thursday Aug.24. (CFIA are regularly escorted by multiple OPP & armed Nat.Resources personnel.). The 4 month old lamb’s only ‘crime’ is symbolically being the last innocent survivor from the wrongly-accused flock of heritage Shropshire sheep that ‘went missing’ in April 2012.

Here’s a link to the National Post story about how the sheepnapping court case involving Michael Schmidt, Montana Jones, the CFIA, and other parties ended: http://nationalpost.com/news/canada/shepherd-wins-six-year-legal-fight-to-keep-flock-of-rare-sheep-from-government-slaughter

Some backstory from Montana Jones:

Symphony in the Barn, August 2017

Symphony in the Barn Aug. 5th, 6th at Glencolton Farms in Durham, Ontario

From the Glencolton Moos:

“We are but two weeks away [actually now just one week away] from our major fundraising event happening here on the farm: The Gourmet Concertante. Taking place over the weekend of August 5th and 6th, we wil be featuring gourmet chefs Jamie Kennedy and Carey McLellan. In addition, the biodynamic winery, Southbrook Vineyards, and the local brewery, MacLean’s Ales, will be offering wine and beer tasting, and you will have the opportunity to purchase your favourites. And, of course, in addition to food, music is the other half of this event, and there will be much of it.

On Friday evening, Toronto’s Music in the Barns presents a Concert Under the Stars on our outdoor stage. On Saturday, music will be performed on the stage as well as at other locations around the farm. Musicians include members of the Canadian Chamber Orchestra, violinist Emmanuel Vukovich, and Dominic Desautels, principal clarinetist with the Toronto Symphony Orchestra and the Canadian Opera Company.

If you have not already bought tickets, then head over to EventBrite.com/SymphonyInTheBarn to get yours now. This is a family event, with children of all ages welcome. If you are interested in helping out, then get in touch, and if you know someone else who would be interested, send them our way. Please help spread the word! With the outdoor stage now set up, the Gourmet Concertante is feeling more real than ever. We can’t wait to see you there.”

The following description is from the EventBrite registration page.

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.