No decision yet in raw milk activist's appeal

Wednesday, February 5, 2014

by JIM ALGIE

A three-judge panel of the Ontario Court of Appeal reserved their decision, Wednesday, in the case of high profile, raw milk activist Michael Schmidt.

Schmidt, 59, appealed his conviction and a $9,150 fine in April of 2012 by Justice Peter Tetley on charges he illegally distributed raw milk. The conviction followed a crown appeal from an earlier acquittal by an Ontario justice of the peace on more than a dozen charges against Schmidt who has operated an organic dairy farm in Grey County near Durham for 30 years.

Since 1994, he has conducted a well-publicized campaign to open up Ontario markets for raw milk. Sale of unpasteurized milk is prohibited as a health hazard under provincial health legislation and the Milk Act. A CTV report of today’s hearing says lawyer Shannon Chace, representing the province, reiterated arguments that Schmidt’s efforts to distribute raw milk are illegal and represent a hazard to public health.

During an address at today’s court hearing, Schmidt described his efforts during the past 20 years to lobby directly every government that has come to power.

Interviewed by phone afterward, Schmidt said his lawyers – both hired by the Calgary-based, Canadian Constitution Foundation – expect it will take as much as six months for the court ruling. His appeal depends on arguments that people can avoid the prohibition on distributing raw milk by taking partial ownership of the cows who produce it.

Current law contains only a prohibition on distribution of raw milk, not on consumption. As well, lawyers Chris Schafer and Derek From argued terms of the law violate constitutional protection for economic liberty, Schmidt said.

“In the 20 years since 1994 . . . with all the testimony which was done by all the different agencies there has never been any evidence that any kind of pathogens were present in our milk or that anybody got sick,” he said.

“There have been three different governments . . . 10 ministers of agriculture and food, five premiers, three popes and three presidents of the United States and we’re still arguing about milk,” Schmidt said.

Asked if he has considered further appeal to the Supreme Court of Canada in the event his current arguments fail, Schmidt said he’ll await the decision.

“I’m not backing down that’s number one,” Schmidt said. “If it’s a negative decision it’s more likely I’ll plow ahead to the Supreme Court,” he said. BF