The Goat Spot Forum banner
1 - 9 of 9 Posts

·
Registered
Joined
·
42 Posts
Discussion Starter · #3 ·
LOL - no one wants to answer me - from there sent 6 emails to 4 different people at the department - been waiting a week and no responses- will have to see if I can get a call in while at work.
 

·
Goatless goat momma
Joined
·
7,838 Posts
hmm....i'm not quite sure if it's legal in Ontario. I know there's a dairy goat coop. what I would suggest maybe is ask around your local farmers market. it maybe an underground thing that some farmers do for their friends and families. good luck though, and let us know if you ever find any!
 

·
Registered
Joined
·
1,037 Posts
Google Michael Schmidt who is a raw milk advocate in Ontario, who has been doing cow shares, I believe; look at the BS he's been having to deal with. I'm not sure if the shares part is the issue so much as the raw milk aspect. Myself, I would definitely do shares anyhow, as to the best of my knowledge that's legal; and whatever people do with the milk they get, is their business (in my opinion) so long as they have (signed) informed consent. My opinion. I wouldn't stir the pot with Agriculture Canada.
 

·
Registered
Joined
·
72 Posts
Canada’s Raw Milk Laws Put to Test By Ontario Court of Appeal
BY NEWS DESK | AUGUST 2, 2012
Provincial public health and milk marketing regulations that have prevented the sale or distribution of raw milk in Canada for the past 80 years are about to be challenged in the Ontario Court of Appeal.

The often precedent-setting Ontario Court of Appeal, where same-sex marriage in Canada first got its stamp of approval, is second only to the Supreme Court of Canada. And the high federal court reviews only about 3 percent of Ontario Court of Appeal decisions.

Conflicting and some say confused lower court cases over the fate of raw milk dairy farmer Michael Schmidt, who was first acquitted in 2010 and then convicted in 2011 for distributing raw milk through a cow-share successful appeal request. (Unlike the U.S., the prosecution in Canada can appeal when they lose).

Schmidt, who was sentenced on similar charges in 1994 when he was fined $3,500 and placed on probation for two years, was operating a cow share scheme for 150 families, who had paid $300 each for shares of 26 dairy cows.

Dairy farmers and their immediate families can drink raw milk in Ontario, but it is illegal to sell or market any milk or cream that is not pasteurized. Schmidt was charged in an undercover operation.

Now with the twisted outcomes, the Ontario Court of Appeal has agreed to hear the case. Pro bono counsel, Karen Selick, from the Canadian Constitution Foundation is representing Schmidt in the appeal.

Selick says Schmidt is a “big advocate for food freedom,” and “we litigate for liberty.”

When the case is scheduled, which will probably happen sometime within next six months, a panel of three or five judges will be named to hear the appeal at historic Osgoode Hall in downtown Toronto.

The Ontario Court of Appeal hears about 1,000 appeals and over 1,000 motions a year.

Raw milk has not been legally sold anywhere in Canada since 1991. Underground commercial sales of raw milk, however, are increasing as a byproduct of the local food movement.

While pasteurization of milk and cheese products to control disease-causing bacteria has been one of the most effective public health measures of the last century, many people like the taste or claimed benefits of raw products.

At stake for Schmidt this time is a $9,150 fine and one year of probation.

© Food Safety News
More Headlines from Food Policy & Law »
Tags: Canada, Michael Schmidt, Ontario Court of Appeal, raw milk
Print
 

·
Registered
Joined
·
42 Posts
Discussion Starter · #8 ·
Thank You Spanish - I did find the same but could not find the Appeal- I would have thought it had been heard by now. If anyone has found out what happened with the case after the August 2012 decision that would be great if you can share it.
 

·
Registered
Joined
·
72 Posts
This seems to be all I can find June 18 2013
it still seems as though they are fighting him. or busting his every move.
anyway, maybe call his lawyer , she would know, for sure. I would be careful though,
surprised at all the poeple against it, I grew up on real cows milk, and never got sick.
any way good luck,


Schmidt calls raw milk battle `ridiculous' 4
Tuesday, June 18, 2013 12:58:21 EDT PM
Durham area raw milk advocate Michael Schmidt and his four year old son William at his Durham area farm on Friday September 30, 2011. James Masters\The Sun Times
Durham area raw milk advocate Michael Schmidt and his four year old son William at his Durham area farm on Friday September 30, 2011. James Masters\The Sun Times



Bookmark and Share

Change text size for the story
Print
Report an error

DURHAM - Local raw milk advocate Michael Schmidt's appeal of a British Columbia judge's contempt of court finding against him is based what he views as the lack of proof anyone drank his milk and lack of clarity of the court order he was found to have breached, he said Tuesday in an interview.

Schmidt said he restructured a Chilliwack, B.C. dairy farm to produce cosmetics to comply with an injunction which ordered him and others not to package and distribute unpasteurized milk for human consumption.

But Superior Court Justice Randall Wong called the cosmetics claim a “ruse” and found Schmidt and farm owner Gordon Watson in contempt of the court by violating the injunction.

Schmidt said in an interview it's not his business what people do with the milk once he produces it. He said there's no prohibition on drinking raw milk but “they're (authorities are) trying to get around that by issuing these orders.”

“We tried to find a way how we can comply with the court order.”

Schmidt confirmed he has appealed Wong's written decision was released June 5. The Aug. 26 2011 breach of the March 18, 2010 court order became the subject of a contempt hearing after the Fraser Health Authority filed a petition with the court calling for a finding of contempt and special costs.

The Public Health Act, under its regulations in B.C., deems milk that has not been pasteurized at a licensed dairy plant as a health hazard. The Public Health Act stipulates a person must not willingly cause a health hazard or act in a manner that the person knows or ought to know will cause a health hazard.

The judge handed each man a three-month suspended sentence, followed by one year of probation and granted costs to the health authority.

Schmidt said the court needed to be convinced beyond a reasonable doubt before making a finding of contempt. Yet there was no evidence, Schmidt said, that anyone had drunk the unpasteurized milk in the “cosmetics,” in which raw milk was the only ingredient, the court decision said.

Schmidt also said the order was not clear enough that it ruled out milk production for the purposes of cosmetics.

“It is such a politically charged, ridiculous battle -- where there are so many other more important things to deal with -- so get off my back or try to find a compromise in that whole issue,” Schmidt said.

“People always say well, you should go the political route and do it properly. Do you know how many things I tried to get (done) politically? Next year it's 20 years since I'm battling that. And I'm not backing down now.”

Schmidt said he still runs Glencolton Farms, near Durham, Ont. in Grey County, as a co-operative farm business. His shareholders own part of the 35 rare breed Canadienne cows, land, machinery and building and in return he distributes about 10 litres of raw milk per week to each of them, he said.

“The milk goes to our customers, not as cosmetics, as I did for the last 20 years,” Schmidt said.

He remains under a 1994 public health order not to produce raw milk at his farm, has been found in contempt of court in Ontario for distributing raw milk in York Region and has been convicted on charges related to distribution and sale of raw milk, which also are under appeal.
 
1 - 9 of 9 Posts
Top