Search
Better Farming OntarioBetter PorkBetter Farming Prairies

Better Farming Ontario Featured Articles

Better Farming Ontario magazine is published 11 times per year. After each edition is published, we share featured articles online.


Decision delayed

Wednesday, April 13, 2011

by SUSAN MANN

A court decision connected to a case in Ontario about farmers’ rights to sell raw milk won’t be available until the first week of July.

The Ontario government’s appeal of justice of the peace Paul Kowarsky’s January ruling acquitting raw milk advocate Michael Schmidt of charges of selling and distributing raw milk was heard Wednesday in a Newmarket court. Justice Peter Tetley heard the appeal.

Schmidt, who was represented by lawyer Karen Selick of the Canadian Constitution Foundation, says the appeal was divided into two sections. During one section, the province argued the justice of the peace misapplied the law. “They (the provincial government) were fishing for little details,” he says.

During the other part of the appeal, Schmidt says they submitted their constitutional argument, which wasn’t heard previously even during the initial court case last year. “We used Section 7, the liberty clause and that people should have the right and freedom to put in their bodies what they think is healthy for them.”

Schmidt says provincial government lawyers argued there “is no constitutional right when it comes to the responsibility of the government to protect its citizens.”

Schmidt says it’s hard to say how it went Wednesday.

The Ministry of Natural Resources raided Schmidt’s biodynamic farm north of Durham in 2006. He was charged with illegally operating a milk processing plant and selling, offering for sale, transporting and distributing raw milk along with breaching previous orders prohibiting him from marketing raw milk. Justice of the peace Kowarsky acquitted Schmidt of all 19 charges in January 2010.

The Ontario Health Protection and Promotion Act requires all milk and cream for human consumption to be pasteurized through licensed processing plants. While it’s illegal to sell raw milk, it’s legal to drink it.

Schmidt says if he doesn’t get a favourable ruling from the appeal in Newmarket he’s prepared to take his case to the Ontario Court of Appeal. He adds that Canada is the only G8 country that has a prohibition on raw milk sales. BF
 

Current Issue

February 2025

Better Farming Magazine

Farms.com Breaking News

Sweeeeeeet!

Monday, February 3, 2025

Image by PublicDomainPictures from Pixabay First Tapping Ceremonies are a symbolic way to celebrate the beginning of every new maple syrup season. To celebrate in the Grey Bruce and District, area maple syrup producers have invited several local politicians and political candidates... Read this article online

BF logo

It's farming. And it's better.

 

a Farms.com Company

Subscriptions

Subscriber inquiries, change of address, or USA and international orders, please email: subscriptions@betterfarming.com or call 888-248-4893 x 281.


Article Ideas & Media Releases

Have a story idea or media release? If you want coverage of an ag issue, trend, or company news, please email us.

Follow us on Social Media

 

Sign up to a Farms.com Newsletter

 

DisclaimerPrivacy Policy2025 ©AgMedia Inc. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Back To Top