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Legalizing Hygienic Raw Milk in Ontario

Last update: July 27, 2021


Since the early 1900’s, Ontario dairy farmers experienced severe boom and bust cycles because it was an open competitive market and they could and did undercut prices. Collectively they made several attempts to stabilize prices but achieved success only by piggy-backing on the mandatory pasteurization legislation of 1938 which came about as a political knee-jerk reaction to childhood deaths caused by an increase in factory farms as cities grew. Rather than adopt hygienic production methods, known since 1893 (click here). they went for high volume/low cost factory farming and pasteurizing the dirty raw milk that resulted.

Statistics show that raw milk produced hygienically is just as safe as any other food. It is available for sale in every other G7 country. To see me at a raw milk vending machine in England, click here.

This website is dedicated to researching and promoting hygienic raw milk for Ontarians. For a great Youtube video on the benefits of hygienic raw milk, click here.

If you have any comments or suggestions: Send us a comment, or post them under our Youtube video by clicking here.

What's New:

  • The next logical court proceeding would be to copy Regina v Parker (click here), where the Court found that the prohibition on cannabis was unconstitutional because there was no exemption for medical use. This paved the way for the legalization of cannabis. We now need a “raw milk Parker,” someone who is medically disadvantaged without raw milk, to come forward to initiate a replica charter challenge. Please send us a comment if you can help with this.

  • Since dairy farm families can legally access raw milk and those with a medical need can’t, I inquired if this was discrimination under the Canadian Human Rights Act. It isn’t. The federal Human Rights Commission replied to me on June 14, 2021. The Act only applies to goods that are generally available and then someone has to be denied those goods by someone because of their disability. This wouldn’t apply to those with a medical need for raw milk.

  • On February 11, 2021, Justice O'Brien ruled against the charter challenge to Ontario and Canada's dairy laws. Click here. Raw milk advocates are being oppressed by dairy farmers who successfully argue in court for mandatory pasteurization to protect their economic interests yet they can legally access and drink their own raw milk. This is unfair.

  • On December 3, 2020, Elisa van der Hout provided an update that the court hearing for her charter challenge was conducted two weeks ago. She said a court decision can typically take from 4 to 8 months, although it might be longer. She also said there is a gofundme page to help pay for their considerable legal fees and to also post relevant updates. Click here

  • On August 1, 2020, the Weston A. Price Foundation posted an excellent summary of the issues brought forward in the charter challenge to the ban on the sale and distribution of raw milk reported below. Click here

  • On May 4, 2020, Michael Schmidt provided an update that the court hearing for the charter challenge was rescheduled for November but with COVID, even that could be cancelled. He also said the lawyers were excited because they cross-examined all the government's expert witnesses; there were six of them including John Sheehan of the FDA. When asked, none of the expert witnesses could point to any study which proved raw milk was more dangerous than pasteruized milk. Michael said the idea raw milk is dangerous is a fiction that was made up.

  • On November 5, 2019, Elisa van der Hout provided an update that DFO is now a full participant in the charter challenge and is taking the lead in the fight against hygienic raw milk (notwithstanding DFO breaches section 2(a) and 3(1)b of the Milk Act by denying consumers an available dairy product). The parties are now in cross-examinations. DFO has issued many responding affidavits. The trial is now expected in May.

  • On June 18, 2019, Michael Schmidt provided an update that the government has been in delay mode since February - asking for more time to study this and time to find an expert witness for that. They've yet to reach even the discovery phase. Case management tries to set timelines and timeframes and January/February is the current target for the constitutional hearing i.e. the actual trial.

  • November, 2018, DFO and DFC appeal their denial of intervener status in the charter challenge noted below. Click here. The Attorney Generals of Ontario and Canada support them. Click here. In February, 2019, they win. Click here.

  • In September, 2018, DFO and DFC petition for intervener status in the charter challenge noted below. They tout their new line of defence, funding constraints as opposed to health risk which they abandon in the face of the massive documentation in the charter challenge. Click here. In October, 2018, the court denies them intervener status because it would compromise their impartiality as regulatory bodies if they take sides. Click here.

  • In February, 2018, I speak to an official from a department which oversees DFO in the Ontario Ministry of Agriculture about the concept in my 133-page affidavit noted below, that DFO is in breach of the Milk Act by not legalizing and supplying hygienic raw milk. I was told this process would require the coordination of many government departments both federal and provincial and would involve significant resources which would be subject to government funding constraints and approval. This is my first time hearing this argument as opposed to the health risk of consuming hygienic raw milk.

  • In February, 2018, 19 raw milk consumers and two raw milk producers file a 704-page charter challenge against the Attorney Generals of Ontario and Canada. The applicants include Elisa van der Hout but not her husband, Michael Schmidt. He estimates the document would be at least 5,000 thousand pages long if you include the referenced backup studies, available to the court upon request. Click here.

  • On January 5, 2018, Justice Sutherland issues a wide-ranging injunction against the sale or distribution of raw milk by anyone in Ontario. Before this, infractions were subject to a fine. Now with a court injunction, a violation could result in imprisonment, although not in a criminal record. Click here.

  • On October 19, 2017, Michael Schmidt is found guilty of obstructing justice during the October 2, 2015 farm raid noted below. He is sentenced on November 7, 2017 to 60 days in jail to be served on weekends. On November 22, 2017 he is granted bail after serving 8 days and released pending outcome of his appeal.

  • In August 2017, I purchase hygienic raw milk from a vending machine in England. Click here for the YouTube video. I bring home a litre on the plane and intentionally advise the airport customs officer without raising an eyebrow.

  • In April 2017, I prepare a 133-page affidavit to accompany Michael Schmidt’s response to the application for an injunction noted below. I state DFO is in breach of the Milk Act because, to prevent monopoly abuse, DFO is obligated to supply consumers with any dairy product that would increase sales and that would include hygienic raw milk. Click here.

  • On September 26, 2016, OFOF is granted intervener status during the hearing for the injunction noted below. On September 27, 2016, Elisa van der Hout and Michael Schmidt withdraw from the hearing, claiming the proceedings are not about justice.

  • In 2016, Our Farm Our Food (OFOF) is incorporated as a consumers’ co-op. It buys the equipment and cows from Michael Schmidt's ARC farm co-op, leases space from ARC and hires ARC to look after its cows and milk production. Michael is not a part of OFOF but his wife is, Elisa van der Hout.

  • On January 22, 2016, York Region and the Milk Director of Ontario file an application for an injunction against the distribution or sale of raw milk and to criminalize those who transport raw milk or advocate its consumption. They file 1,228 pages of court documents. Click here. Click here. Click here. Click here. Click here.

  • On October 2, 2015, local police and 20 Ontario officials of agriculture, natural resources and finance raid Michael Schmidt's farm. The members of his farm co-op (formed in 2010 and called Agricultural Renewal Co-op (ARC)) then show up and form a blockade. A deal was reached where the officials unloaded everything they collected and left the farm. As a consequence, on November 23, 2015, Michael Schmidt and four men are charged with obstructing justice.

  • On August 14, 2014, without giving any reasons, the Supreme Court of Canada decided it will not hear an appeal from Michael Schmidt of his lower court convicions. Click here. For Michael, it's business as usual.

If you have any comments or suggestions: Send us a comment, or post them under our Youtube video by clicking here.

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