Legalizing
Hygienic Raw Milk in Ontario
Last
update: July 27, 2021
THE
BACKSTORY
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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