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.


Raw milk appeal filed

Thursday, February 11, 2010

image

by BETTER FARMING STAFF

A justice of the peace “erred in law” when he acquitted Michael Schmidt on charges of selling raw milk, says a notice of appeal filed by the Crown in the Ontario Court of Justice in Newmarket Thursday.

The Crown wants the Ontario Court of Justice to overturn the Jan. 21 acquittal of Michael Schmidt by justice of the peace Paul Kowarsky and convict the Grey County farmer of violating sections the Milk Act and The Health Protection and Promotion Act between Aug. 17 and Nov 22, 2006.

The Crown is also seeking an unspecified penalty against Schmidt. As an alternative, the Crown wants an order for a new trial.

Kowarsky ruled that Schmidt didn’t sell raw milk or distribute it to the public. He decided Schmidt actually provided milk to members of a co-op that bought shares in cows that Schmidt managed on his farm near the town of Durham.

Brent Ross, spokesman for the Ontario Ministry of Agriculture, Food and Rural Affairs, confirmed that an appeal had been filed on Feb. 11.

"Given that it is before the courts, I can't comment further at this time," he says. The Crown’s five page notice of appeal says the justice of the peace: “misapprehended and misapplied evidence;” “erred in law with respect to legal burdens,” and “committed errors of statutory interpretation.”

The notice of appeal says Kowarsky “erred in law in his interpretation and application of the definition of marketing.” Schmidt hired a public relations firm and acted as his own lawyer, but got advice from Karen Selick, litigation director with the Canadian Constitution Foundation.

Selick, based in Belleville, said she and Schmidt would not comment on the province’s appeal today. “Michael and I have decided not to discuss this with anyone until after the press conference on Tuesday,” Selick says. “There’s no point in having a press conference if we are going to talk to everybody in advance.” BF

Current Issue

December 2024

Better Farming Magazine

Farms.com Breaking News

Alveo Technologies enters agreement with CDC

Thursday, November 14, 2024

Alveo Technologies, Inc.—a leader in molecular sensing and diagnostics with its proprietary IntelliSense molecular detection technology—has announced it received an agreement issued by the United States Centers for Disease Control and Prevention (CDC) on a competitive basis to develop a... Read this article online

University of Guelph looking for new OAC Dean

Tuesday, November 12, 2024

A position has opened at the University of Guelph’s Ontario Agricultural College (OAC). The OAC is looking for a new Dean to lead the school into the future. The ideal candidate is “a visionary leader who shares its commitment to excellence in teaching, research, and service, and who... Read this article online

Women Agriculture Leaders Embrace Innovation and Growth

Monday, November 11, 2024

The future of agriculture depends on diverse leadership that can drive innovation and address the sector's evolving challenges. Women are already at the forefront of this transformation, leading advancements in agtech, sustainable farming practices, and agribusiness. A recent article by Dr.... Read this article online

Lift heavy equipment with ease - TG Equipment Jack

Sunday, November 10, 2024

The TG Equipment Jack is a heavy-duty lifting device designed for large high clearance sprayers. This Cool Tools’ innovative design ensures secure and stable lifting of heavy equipment, making it an essential tool for repairs and tire changes. Key Features: Unwavering Stability: Built with... 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 Policy2024 ©AgMedia Inc. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Back To Top