Ontario Court Reverses Lower Court Decision for Raw Milk Farmer Michael Schmidt


All raw cheeses must be fermented for over sixty days before they can be sold in Canada. No raw soft cheese can be sold in Canada. We have completely lost artisan production of raw soft cheeses. How long will Canada remain the only country in the G8 to not allow any type of raw milk sales?

On September 28, 2011, Justice Peter Tetley of the Ontario Court of Justice reversed the lower court decision that acquitted Michael Schmidt on all 19 charges. Michael Schmidt has been found guilty on 15 of the 19 charges. This appeal was brought before the Ontario Court of Justice by the Ontario Government and the Grey Bruce Health Unit. (Here is a link for an overview of the Canadian Court System.)

Michael Schmidt says: ?This is just a temporary setback. We will continue to fight, both through the courts and through the legislature, for the rights of individuals to decide what they put into their bodies. The public supports us on this issue.? Presently Michael Schmidt is on a raw milk hunger strike. If you would like to learn more about Micheal Schmidt please see The Bovine.

Karen Selick is Michael Schmidt’s lawyer and works with the Canadian Constitution Foundation. The Canadian Constitution Foundation has stated they will support Michael Schmidt to the Supreme Court of Canada, if necessary, “in order to defend consumer choice, freedom of contract, and the right to earn an honest living free from government regulation that is arbitrary, unreasonable, unnecessary and unfair.” Here is a link to a statement from the Canadian Constitution Foundation about Micheal Schmidt’s Judgement. You can find a link to the full version of the judgment in the article.

Here are some older posts about Michael Schmidt’s food fight with the Canadian Government. This particular food fight is over raw milk and whether a herdshare program is a legal construct in Canada. A herdshare program is where a group of people collectively own a cow or a herd of cows and contract a farmer to care, milk and pasture the animals. The real issue isn’t raw milk but if we have the right to co-own a herd of animals and to have a private contractual agreement without undue government interference:
Michael Schmidt, Raw Milk Activist, Acquitted!
Canadian Government Appeals Michael Schmidt?s Acquittal
Helping Michael Schmidt, Raw Milk Activist

Here are some older posts about the raw milk situation in BC:
Raw Milk Contamination?
BC Supreme Court Gives Injunction Against Raw Milk
Speak Softly and Carry a Big Stick

Just for fun, CBC is polling to see if people think raw milk sales should be legal in Canada. Tell them what you think:
Should raw milk be sold in Canada?

Updated October 16, 2011: Here is a video about a Raw Milk Rally with Michael Schmidt on October 12, 2011. Michael Schmidt should be an inspiration to all citizens of Canada opposing oppressive bureaucracies.