Search
Better Farming OntarioBetter PorkBetter Farming Prairies

Better Farming Ontario Featured Articles

Better Farming Ontario magazine is published 11 times per year. After each edition is published, we share featured articles online.


Schmidt files appeal

Monday, December 19, 2011

by SUSAN MANN

The lawyer representing Durham-area farmer Michael Schmidt will be arguing for leave to appeal his conviction and sentence of raw milk sales and distribution on April 25, 2012.

Karen Selick, litigation director for the Canadian Constitution Foundation, says they have to argue that the case is important enough for the Court of appeal for Ontario to consider it. “A regulatory offence is considered to be pretty minor so they don’t give us an automatic right to appeal,” she says. “We have to demonstrate that it’s important enough for the Ontario Court of Appeal to spend its time on.”

Schmidt was first acquitted of 19 charges related to raw milk sales and distribution in January 2010 by Justice of the Peace Paul Kowarsky but then convicted by Justice Peter Tetley of 15 of those charges in September after the province and Grey Bruce Health Unit appealed the initial acquittal. Schmidt was sentenced in November to a fine of $9,150 and one year of probation.

One reason given in the written motion for special grounds to appeal was that Schmidt was acquitted of the charges at the trial but then convicted after the province and health unit appealed.

In addition the judgment introduces uncertainty into the law making it impossible for people in similar situations as Schmidt to determine whether they are breaching the law or not.

As for some of the grounds for appeal, it says in the written motion the judge erred in his interpretations of various terms, such as ‘distribute,’ ‘plant,’ ‘distributor,’ and ‘processing.’

The judge also made mistakes in questions relating to the law of contract. In addition the judge erred “in holding Mr. Schmidt did not have standing to advance constitutional claims on behalf of raw milk consumers,” the written motion says. BF

 

Current Issue

May 2026

Better Farming Magazine

Farms.com Breaking News

Farmland Rents Lag Land Values

Thursday, May 7, 2026

Farm Credit Canada (FCC) has released a new economic analysis highlighting a growing gap between farmland values and rental rates across the country, a trend that will likely reshape expansion decisions for Canadian producers. According to the analysis, Canada’s average farmland... Read this article online

How to Keep Your Groundwater Safe and Clean 

Wednesday, May 6, 2026

Groundwater plays a vital role for families and businesses in rural and agricultural settings. It supports essential activities such as livestock care, irrigation, and cleaning processes, and in many areas, it's the sole source of drinking water. For this reason, it's critical for rural... Read this article online

Rising Waters on the Canadian Prairies and Beyond

Wednesday, May 6, 2026

Spring flooding is intensifying across large portions of Canada, placing farms under growing pressure during one of the most important windows of the agricultural year. From the Prairies to Central Canada and into Atlantic regions, saturated soils, elevated rivers, and damaged rural... Read this article online

BF logo

It's farming. And it's better.

 

a Farms.com Company

Subscriptions

Subscriber inquiries, change of address, or USA and international orders, please email: subscriptions@betterfarming.com or call 888-248-4893 x 281.


Article Ideas & Media Releases

Have a story idea or media release? If you want coverage of an ag issue, trend, or company news, please email us.

Follow us on Social Media

 

Sign up to a Farms.com Newsletter

 

DisclaimerPrivacy Policy2026 ©AgMedia Inc. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Back To Top