BC Supreme Court Gives Injunction Against Raw Milk

Fraser Health Authority has won a permanent injunction from the BC Supreme Court against Home On The Range and contracted milker, Alice Jongerden, in Chilliwack, BC. The Abbotford News said:

B.C. Supreme Court Justice Miriam Gropper ruled farm operator Alice Jongerden is “willingly causing a health hazard” and must stop packaging or distributing raw milk or related products for human consumption.

Home On The Range argued an Ontario court ruling upholding a similar raw milk co-op there set a precedent exempting operations where members don’t pay directly. Members hoped a victory would effectively legalize raw milk in BC and allow more cow-shares to form. Nor, she said, did it matter that the co-op provides milk to members rather than via direct sale to the public. “The remedy for the respondents is to convince the government to change the legislation,” she found.

Gordon Watson is an active owner and member of the herd share co-operative. He stated that the raw milk will continue to flow. ?We?re going to keep on dairying within the letter of the law? said herd share member Gordon Watson. ?The threshold is in the milking room? That?s where she?s not allowed to handle milk for sale.?

The dairy herd is jointly owned by the shareholders. The dairy herd must be milked and cared for regardless of the ruling. There are many shareholders willing to come in and care for the diary cows which they all jointly own. Gordon Watson is one of about 400 shareholders of Home on the Range. He said: ?The milking is continuing and people are getting the raw milk today. I will be taking responsibility for the packaging and distribution.?

I guess the next step for the government is to get injunctions against all 400 herd share members! I hope you are feeling really safe and protected with our government restricting your rights to co-own a herd of animals and enjoy the products from those animals. Just remember it’s for your own good. You are too ignorant to develop a safe food production and processing system on your own. That’s why they are called Fraser Health “Authority”, because they know what’s best for you. Your personal freedoms are secondary to their “good works”.

For other postings on this issue please read: Canadian Government Appeals Michael Schmidt’s Acquittal, Michael Schmidt, Raw Milk Activist, Acquitted!, and Raw Milk Contamination?.

Here are some links for more information:
The Bovine

As I have been following the raw milk story in the media, I have been surprised at how much misinformation is out there. There are so many factual errors in reporting it is hard to maintain respect and trust for media coverage. I have received an education about how issues are reported and twisted in the media. I have learned that only deeper research on a given topic will allow a person to understand complicated issues such as raw milk.

Updated April 4, 2010: Here is a link to read the judgment by Her Honourable Madam Justice Gropper by the ?Petitioner?, Fraser Health Authority and the “Respondent”, Alice Jongerden DBA Home on the Range. Remember, granting an injunction is to restore the status quo ante which is to “make whole again someone whose rights have been violated”. In this case, it is the Fraser Health Authority “whose rights have been violated” and restored.

3 thoughts on “BC Supreme Court Gives Injunction Against Raw Milk

  1. In the appeal, both sides have to stop arguing about the pros, cons, health, and safety about raw milk and whether it should be legal or not. That is beside the point. What has to come out of this appeal is the legal argument about where the line is between commercial activity and personal property, as the existing law is written.

    Clearly, a share-ownership arrangement is an extension of cow boarding whereby the members are owners of the cows and thus owners of the milk excreted by those cows. Therefore, Fraser Health has no jurisdiction over that milk and cannot interfere with the legal acquisition and possession of that milk by its owners.

  2. I agree. I do not think the Fraser Health Authority as jurisdiction over a private, contractual agreement. (If they do, heaven help us all.) Hopefully, the courts will uphold our individual rights to own a cow, join in ownership of a cow or herd, and enjoy the products of that ownership. Her Honourable Madam Justice Gropper has stated that raw milk is considered a “health hazard” in law. This is a serious concern for parents feeding raw milk to their children in BC. She also stated the remedy for the Respondents was changing legislation.

  3. Pingback: Ontario Court Reverses Lower Decision for Raw Milk Farmer

Leave a Reply

Your email address will not be published. Required fields are marked *