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Legalizing Natural (untreated) Milk in Ontario

Last update: June 18, 2019


The government and its agencies, in the face of massive documentation contained in a charter challenge, cease to proclaim in court that hygienic raw milk is a health risk. They now claim that introducing and regulating the sale of hygienic raw milk requires significant regulatory/policy work and cost.

Every G7 country except Canada sells hygienic raw milk to consumers. Some even have vending machines. Click here. Then again, they don't have a dairy monopoly to protect. The all-in cost (land, buildings, equipment, feed and animal) to put a cow into production is about $10,000. The cost for the right to sell the milk from that cow (i.e. the quota under supply management) is $25,000. A hundred cow dairy farm costs $1 million but the quota costs $2.5 million. So a dairy farmer selling hygienic raw milk at the farm gate skips out on paying the $25,000 and this is what they're really fighting for ... the protection of their investment in artificially high prices for their monopoly. Think taxi licences and Uber. And there's also quotas for dairy transport trucks and for dairy processing plants, just as expensive, that the farm gate seller avoids.

This website is dedicated to researching and promoting hygienic raw 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, or post them under our Youtube video by clicking here.

What's New:

  • 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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