Michael Schmidt meets with the media before entering a Newmarket courthouse.In a decision that took Ontario Judge Paul Kowarsky two-and-a-half hours to read, and sounded much of the time like a thoroughly researched legal treatise, raw dairy farmer Michael Schmidt was exonerated on 19 counts of violating the province’s milk laws.
At first, the judge sounded as if he was going to rule against Schmidt,when he said several times he had “no authority” to pronounce on legislation. His role, he said, was to determine “whether offenses occurred.” He then went through each of the 19 counts against Michael Schmidt, which stem from offenses that first occurred in 1994, when his Glencolton Farm was first raided by authorities.
He then went through the account of how two undercover agents from the Ontario Ministry of Health in 2006 acquired milk products from Michael Schmidt. The circumstances around that operation wound up influencing the judge’s ruling when he decided he had “reasonable doubt” about whether the acquisition of $6 worth of raw milk cheese from Michael Schmidt constituted a sale. That decision was essential to allowing the judge to then rule on whether cow shares are subject to Ontario milk laws.
In the end, the judge determined that cow shares are outside regulatory oversight based on the following:
- That legislation is subject to a “dynamic” based on cultural, social, and historical factors. In other words, raw milk doesn’t pose the same dangers it might have been seen to pose in the 1930s, when much of Ontario’s dairy legislation was passed.
- That Michael Schmidt wasn’t “marketing” the cow shares. “There was no advertising and sale (of raw milk) to the general public…Cow shares are a legitimate private enterprise that does not constitute marketing in Ontario.”
- Perhaps most intriguing, that “the people who are permitted to buy the milk are fully informed” via a special booklet, identification cards, regular newsletters, and other steps Michael Schmidt took on behalf of his members. “There is no evidence of any illness” in all the years Michael Schmidt has been distributing raw milk, he observed, and tests by the regulatory authorities never found any evidence of pathogens.
Judge Kowarsky obviously gave the case a huge amount of time and consideration. He In addeitionto researching other cases, he reviewed cow share procedures in the United States and Australia,and rules regarding sale of raw milk in Europe. It made me wish that the New York state judge who ruled against Meadowsweet Dairy on a very broad definition of the term “consumer,” might have done the same kind of analysis.
Max Kane, the owner of a Wisconsin raw dairy buyers club facing legal problems of his own, said, “I want that judge for my case.” He drove overnight from Wisconsin to Newmarket to hear the court decision. Another American raw milk “celebrity” in attendance was Tim Wightman of the Farm-to-Consumer Foundation.
Michael Schmidt was all smiles afterwards. “It’s an incredible relief,” he told me. Especially given the judge’s observation that the amount of potential fines had Michael been found guilty couldhave been “astronomical.”
Just curious, but is this something that could be used in US cases? Referencing this judges decision? Not sure what the legality is behind that, or if it would even hold much weight here, seeing as it’s a case out of country.
As my mother and I sit at the computer and write this we are yelling YES! YES! YES!
In 1535, Sir Thomas Moore, high chancellor to King Henry VIII was fighting for his life in court alsoand he reminded those sitting in the court chambers that the world must construe according to its wits, but the court must construe according to the law. Now, since the King had it out for Sir Thomas, Sir Thomas lost and was beheaded, but his words of admonition are not lost to the ages, and this Judge in Canada is not only fair, but wise, indeed.
This IS only the beginning, as Michael Schmidt has said, and we feel the revolution back to food independence has truly begun!
Also, wasn’t Michael charged with 20 counts of criminality? Did one count stick? If so, what was it?
Humbly, and grateful for all who farm traditionally,
Alyssa Pellicano (& mom, this morning!)
Thank you Michael for the victory you have provided for the freedom to choose raw milk.
I am so very proud that half of North America just got liberated….I felt the earth quake in California.
Hugs to brother Mike. I applaud his commitment to doing the right thing even on the darkest days when guns were drawn against him and spies and wolves circled him and met him at the door! I applaud the times when he decided to persevere and drive the Blue Bus to the meeting place even when the police encircled him. I applaud him for his presence of mind to keep the video cameras rolling and rolling. I applaud him for lighting candles, drinking hot chocolate and playing chistmas music in the Milk Barn when all hell was breaking loose. I applaud him for mentoring the rest of us on how to peacefully lead change and not drop to the level of the antics of those that seek to oppress us.
Mike just maxed his Karma points. The babies with ear infections, colds, asthma and depressed immune systems in Canada and the local farmers that will feed them with real raw fresh milk are rejoicing as we all are!!!!
Yes….we will celebrate your national Canadian victory at the Raw Milk Symposium in April. We will celebrate continuously through health and our freedoms that can only happen if we struggle to keep those freedoms free. Freedom is not free…it comes at the cost of continuous resistance to our loss of those freedoms.
Thank you Mike!!!!!!
Thank you Judge!!!
Mark
May all judges review their cases with such care.
"We’re disappointed in the court’s ruling" said Brent Ross "The government will review the court’s decision and determine next steps" HMMM Blowing smoke or a veiled warning that the court won’t have the final say?
I’m looking forward to reading this opinion when available.
Best Wishes,
I called Bill Marler on the direct line he gave on his recent post.
I expected to get four layers of screening….and I got Bill himself. WOW!
We had a good little chat and compared our passions and thoughts of getting beat up for our positions and beliefs.
Quite a guy. He said Obama has passed him over on the search for food safety Zsar. We are very much alike and it was very much a pleasure speaking with him.
Mark