43 Mainstream Media Outlets Cover Michael Schmidt’s Raw Milk Appeal

Michael Schmidt talks to a CBC news reporter on the steps of Osgoode Hall Wednesday.

According to Michael Schmidt’s first lawyer, Clayton Ruby, this case will be won or lost in the court of public opinion. And that’s why the news media coverage is significant. Because coverage in the press helps spread public awareness of the issue. Regardless of the slant of the stories, questions are being raised in the minds of thinking people across the country. By the way, that count of 43 is as of Saturday, Feb. 8th, according to Google’s news aggregator. Here are 25 examples from that list:

Raw milk gets its day in court — Feb. 5, Michael Schmidt at Osgoode Hall

The Bovine reports:

Snow falls as farmer Michael Schmidt and Canadian Constitution Foundation lawyer Derek James From answer reporters’ questions on the steps of Osgoode Hall, during a lunch break Wednesday.

More than 100 raw milk supporters from across the province made the trek through stormy weather to Toronto’s Osgoode Hall to hear the third-round appeal in Michael Schmidt’s raw milk saga last Wednesday Feb. 5th.

Raw Milk and Michael Schmidt in court today, Feb. 5th, Osgoode Hall, Toronto

Today is a big day for raw milk in Ontario.

Photo of Michael Schmidt with Canadian Constitution Foundation lawyer Karen Selick on the steps of Osgoode Hall back in July 2012 following a successful request to be able to appeal Michael’s 2011 conviction on raw milk charges related to the 2006 raid on his farm near Durham Ontario. Now finally that appeal is to be heard today February 5th, 2014.  Photo David Pickett.

Supporters of raw milk and food rights from across the province will be on hand today in Toronto to show their support to Michael Schmidt as he and his lawyers argue that the 2011 conviction against him on raw milk charges should be overturned.

Michael Schmidt and raw milk in court Wed. Feb. 5th, Osgoode Hall, Toronto

February 5th is the date when raw milk will have its day in court in Ontario:

Michael Schmidt with his cow Lisa by Michael Beaty of the Toronto Star. Click image for Star story

Raw milk farmer and food rights activist Michael Schmidt will be appealing his 2011 conviction on raw milk offenses. That conviction took place following the Crown’s appeal of his June 2010 acquittal on the same charges. So what will happen this time? Michael has invited supporters and cowshare members to come out to the court proceedings to see for themselves. Location and time details are at the bottom of this story. Michael has sent us some brief biographies of the three judges who will be hearing the case:

These are the three judges hearing the raw milk case on February 5. 2014 at Osgoode Hall 

Michael Schmidt off to court this month

Michael Schmidt, in his kitchen, getting ready for an interview with documentary filmmakers, two years ago, in January 2010 on the eve of his acquittal on raw milk charges. The Province has since appealed that acquittal and, as a result, Michael has been convicted and fined on charges related to raw milk distribution. Last year a judge granted permission for Michael to appeal that conviction.

We’ve gone a long time without much overt legal sparring in the Canadian raw milk and food rights scene. But that’s soon to change as raw milk farmer Michael Schmidt heads to court later this month to face charges of conspiracy in connection with the disappearance of a herd of controversial heritage sheep that were under quarantine by the CFIA.

Michael Schmidt today at Osgoode Hall in Toronto — leave to appeal raw milk convictions granted by judge

Michael Schmidt’s appeal to go ahead:

Michael Schmidt talks to media today at Osgoode Hall after his legal victory this morning. That’s Michael’s lawyer, Karen Selick, of the Canadian Constitution Foundation at the left of the photo. Photo David Pickett.

David E. Gumpert reports: “Important win for Michael Schmidt today as the Ontario appeals court agreed to review his case, over govt objections. The judge agreed that inconsistencies in previous rulings and lack of legal precedence justified review.”

Michael Schmidt and raw milk in court today, July 26, Osgoode Hall, Toronto

Today (Thursday July 26th) is the day when raw milk farmer Michael Schmidt returns to court at Osgoode Hall, Toronto to argue that an appeal of the judgements against him for raw milk offenses should be allowed by the court.

Osgoode Hall. Photo via the Law Society of Upper Canada. Click image to go to their website.

Michael Schmidt’s court appearance will take place at the Ontario Court of Appeal, Osgoode Hall, 130 Queen Street West (at University), Toronto.  Court will start at 9:30 a.m.  Spectators are permitted.  People who wish to attend should be aware that they will have to go through security to enter the building. 

4. What is the meaning of the word “plant” in the Milk Act?

Michael Schmidt raises a glass of the good stuff.

Thursday July 26th at 9:30 am, Michael Schmidt, his Canadian Constitution Foundation lawyer Karen Selick, and citizens concerned about raw milk and food freedom will converge at Osgoode Hall in Toronto for the occasion of Michael’s request for leave to appeal his convictions relating to raw milk. (More details at the end.) As with yesterday’s word “distribute”, much hinges on the special definitions given to ordinary words when used in the context of one law or another. From the Applicant’s Factum:

• The Milk Act prohibits operating a “plant” without a licence, and defines “plant” as “a cream transfer station, a milk transfer station or premises in which milk or cream or milk products are processed.”
• The Milk Act then defines “processing” as follows:

3. What is the meaning of the word “distribute” in the Health Protection and Promotion Act (HPPA)?

This is part 3 in our countdown to Michael Schmidt’s court of appeal appearance Thursday July 26th at Osgoode Hall (see details at bottom). Legal documents often redefine the meanings of common words to be other than what they are usually understood to be. Whatever reasons may be behind such practices, these redefinitions can easily lead to a lack of transparency.

Farmer Michael Schmidt at a food freedom event

In Michael Schmidt’s case, much hinges on the meaning of the word “distribute”, which, for once, is not clearly defined or redefined in meaning for purposes of the HPPA. From the Applicant’s Factum.

• According to Sullivan on the Construction of Statutes:

“Statutes enacted by a legislature that deal with the same subject are presumed to be drafted with one another in mind, so as to offer a coherent and consistent treatment of the subject.  The governing principles was stated by Lord Mansfield in R. v. Loxdale:

Media advisory — Michael Schmidt at Court of Appeal on July 26, 9:30 a.m.

From the Canadian Constitution Foundation:

TORONTO: Dairy farmer Michael Schmidt will return to court on Thursday, July 26, 2012 seeking leave from the Ontario Court of Appeal to appeal his convictions on 13 counts relating to the sale and distribution of raw (unpasteurized) milk.

The motion will take place in Courtroom 1, in Osgoode Hall, 130 Queen Street West, Toronto (NE corner of Queen St. and University Ave.) commencing at 9:30 a.m. and is expected to take approximately 3 hours.

Spectators and media representatives are welcome to attend.

Schmidt’s lawyer Karen Selick will also be asking the court for permission to re-open the cross-examination of the Crown’s expert witnesses.  A study published several months after Schmidt’s trial found that although pasteurization kills the pathogenic bacteria E.coli O157:H7, it does not inactivate the related Shiga toxin.  Selick says the expert testimony at trial may have led the court to believe that pasteurization renders milk safe from pathogenic E.coli when in fact it may not.