Decision delayed

Wednesday, April 13, 2011

by SUSAN MANN

A court decision connected to a case in Ontario about farmers’ rights to sell raw milk won’t be available until the first week of July.

The Ontario government’s appeal of justice of the peace Paul Kowarsky’s January ruling acquitting raw milk advocate Michael Schmidt of charges of selling and distributing raw milk was heard Wednesday in a Newmarket court. Justice Peter Tetley heard the appeal.

Schmidt, who was represented by lawyer Karen Selick of the Canadian Constitution Foundation, says the appeal was divided into two sections. During one section, the province argued the justice of the peace misapplied the law. “They (the provincial government) were fishing for little details,” he says.

During the other part of the appeal, Schmidt says they submitted their constitutional argument, which wasn’t heard previously even during the initial court case last year. “We used Section 7, the liberty clause and that people should have the right and freedom to put in their bodies what they think is healthy for them.”

Schmidt says provincial government lawyers argued there “is no constitutional right when it comes to the responsibility of the government to protect its citizens.”

Schmidt says it’s hard to say how it went Wednesday.

The Ministry of Natural Resources raided Schmidt’s biodynamic farm north of Durham in 2006. He was charged with illegally operating a milk processing plant and selling, offering for sale, transporting and distributing raw milk along with breaching previous orders prohibiting him from marketing raw milk. Justice of the peace Kowarsky acquitted Schmidt of all 19 charges in January 2010.

The Ontario Health Protection and Promotion Act requires all milk and cream for human consumption to be pasteurized through licensed processing plants. While it’s illegal to sell raw milk, it’s legal to drink it.

Schmidt says if he doesn’t get a favourable ruling from the appeal in Newmarket he’s prepared to take his case to the Ontario Court of Appeal. He adds that Canada is the only G8 country that has a prohibition on raw milk sales. BF