Legalizing
Natural (untreated) Milk in Ontario
Last
update: October 19, 2014
Last
August, the Supreme Court of Canada refused to hear an appeal from
Michael Schmidt of his lower court convictions. However, Michael used
all prior judicial comments to change the legal framework of his operation
and continues to supply raw milk as normal. So far, the government
has done nothing.
The
decision to make raw milk legally available to consumers is mostly
political and not health related. Raw milk can be made safe to drink
if you know what you're doing. 90% of Canadian dairy farm families
drink their own raw milk and every other G-8 country except Canada
sells raw milk.
This
website is dedicated to researching and promoting raw drinking milk
for Ontario consumers. For
a good summary of the issues and links, click on Wikipedia.
If
you have any comments or suggestions: Send
us a comment.
What's
New:
-
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. For Michael, it's business as usual.
-
On
March 11, 2014 the Ontario Court of Appeal released its decision
and dismissed Michael Schmidt's appeal. Click
here for the court's decision.
Michael intends to appeal to the Supreme Court of Canada.
-
On
February 5, 2014, Michael Schmidt made his appeal to the Ontario
Court of Appeal. The decision of the court will be released at
a later date, possibly in a few weeks time.
-
On
December 16, 2013, Michael Schmidt announced to the media that
his court date with the Ontario Court of Appeal will be February
5, 2014. He explained this date was later than expected because
he had requested new evidence be considered.
-
On
July 26, 2012, the Ontario Court of Appeal granted Michael Schmidt
leave to appeal his conviction made by the appeals court of the
Ontario Provincial Offences Court. The date will be set later,
likely in a few months. Michael's lawyer also introduced fresh
evidence that pasteurization may not neutralize the harmful effects
of toxins produced by the E.Coli bacteria in raw milk, even though
it does neutralize E.Coli. Click
here
for the new evidence motion. Click
here for the lawyers' affidavits.
-
On
December 19, 2011, Michael Schmidt's lawyer
filed a motion to appeal the conviction of Jutice Peter Tetley,
an appeals court judge of the Ontario Provincial Offences Court
who overturned Michael's earlier acquittal from Justice Paul Kowarsky.
Click
here for the text of the motion to appeal.
- On November
25, 2011, the judge for Michael Schmidt's appeal issued his sentence
- a fine of $9,150 and 1 year probation for Michael. Click
here for the text of the judge's Reasons For Sentence.
-
On
November 4, 2011, Michael Schmidt ended his 37 day hunger strike
after meeting with the Premier of Ontario, Dalton McGuinty. Michael
feels there is now a real prospect for change.
-
On
October 28, 2011, on day 30 of Michael Schmidt's hunger strike,
Conservative MPP Randy Hillier and Liberal MPP Greg Sorbara formed
a bipartisan group to pressure Premier Dalton McGuinty into meeting
with Michael.
-
On
October 6, 2011, Dalton McGuinty was re-elected as the Premier
of Ontario with a minority government, losing his former majority.
This creates an opportunity to bring additional political pressure
on the Premier because the opposition parties have enough power
to overturn any government position.
-
On
September 29, 2011, Michael Schmidt began a hunger strike which
will end if Premier Dalton meets with him to discuss the type
of raw milk that is fit for human consumption without commercial
processing.
-
On
September 28, 2011, the judge for Michael Schmidt's appeal reversed
Michael's earlier acquittal and found him guilty on 15 out of
19 charges. Click
here for the text of his decision. Michael's lawyer
announced her intention to appeal this verdict.
-
On
June 16, 2011, the judge for Michael Schmidt's appeal announced
a delay of his decision until September 16, 2011. He also mentioned
that his decision would be forwarded to the lawyers and no one
needs to come to court.
-
On
April 13, 2011 the appeal hearing of Michael Schmidt's successful
lower court decision took place. Arguments were permitted for
Charter rights. One important item was the confirmation of the
right of ordinary Canadians to consume raw milk but no practical
way for them to obtain it. The decision of the appeal court judge
will be made on July 8, 2011. For an excellent summary of the
proceedings and for copies of the court documents,
click
here.
-
On
January 21, 2011, the author of this website, James McLaren, appeared
for cross-examination in the appeal proceedings of Michael Schmidt.
Mr. McLaren represented consumers and their Charter right to consume
raw milk for health purposes.
-
On
December 17, 2010, the appeal court judge gave his permission
to include the charter arguments of two consumers in the appeal
of Michael Schmidt, one for health reasons and one for religious
reasons. Because the judge was late with this decision and because
the prosecution wishes to cross-examine the new witnesses, the
date for the appeal hearing was delayed.
-
On
October 21, 2010, we attended the Ontario Court of Justice for
pre-trial planning for Michael Schmidt's appeal. The judge decided
he would try both the cow-sharing and the charter issues together
in the appeal. He also heard arguments for and against the expansion
of the number of charter arguments to be considered at the appeal
and will release a summary decision on this matter by mid-November
and a full ruling on December 2, 2010.
-
On
October 14, 2010, we formally requested the assistance of the
Ontario Ombudsman to compel the Ontario Farm Products Marketing
Commission to perform their statutory duty of conducting research
into dairy production procedures that would produce raw milk of
sufficiently high quality that it could be safely consumed raw
without pasteurization, unlike the current procedures which require
pasteurization for milk to be consumed safely. Click
here and
click here.
-
On
August 30, 2010, our lawyer was in the Ontario Court of Justice
re pre-trial planning for Michael Schmidt's appeal. A trial date
for the appeal was set for February 8, 2011.
-
On
June 24, 2010, our lawyer was in the Ontario Court of Justice
to argue a motion regarding Michael Schmidt's appeal to include
Charter arguments for consumers. However, it was delayed until
October 21, 2010.
-
On
February 11, 2010, the government appealed Michael Schmidt's acquittal.
Click
here for the text. The appeal was later set for February
8, 2011.
-
On
February 8, 2010 our lawyer sent a request to meet with the new
Minister of Agriculture, Food and Rural Affairs, Carol Mitchell.
She didn't even respond. Click
here.
-
On
January 21, 2010, Michael Schmidt won at court. He was acquitted
of 20 charges of selling and distributing raw milk. His cow-share
program was found to be a legal way for consumers to obtain a
legal product, specifically raw milk. Click
here for the judge's decision.
-
On
December 9, 2009, Leona Dombrowsky, Minister of Agriculture, Food
and Rural Affairs, refused to meet with our lawyer to discuss
the issue of raw milk for consumers.
Click
here.
-
On
November 17, 2009, the litigation director of the Canadian Constitution
Foundation, Karen Selick, LL.B., announced their support and representation
for our cause. Click
here.
If
you have any comments or suggestions: Send
us a comment.
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