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Canadian Constitution Foundation  Raw milk ban challenged as unconstitutionalCanadian Constitution Foundation, November 16, 2009«R. v. Michael Schmidt» «Ontario Court of Justice» «Ontario Court of Appeal» «CCF Publications» «Press Releases» «Related Audio» «CCF News Conference» «Related Media» «got freedom?»
November 16, 2009
Raw milk ban challenged as unconstitutional
TORONTO: The Canadian Constitution Foundation (CCF) announced today that it will be taking on the case of Michael Schmidt, the Ontario dairy farmer who faces quasi-criminal charges for selling raw milk via a “cow-share” arrangement.
“We have reviewed the facts with Mr. Schmidt and with many raw milk consumers who avidly desire unpasteurized milk products for health reasons,” said CCF litigation director Karen Selick. “We believe that the legal prohibitions on distributing raw milk violate the constitutional rights of both groups—consumers and producers.”
“The Canadian Charter of Rights and Freedoms guarantees citizens the right to ‘life, liberty and security of the person.’ It was this guarantee that resulted in the legalization of medical marijuana for people with multiple sclerosis and epilepsy about a decade ago. But it took several court challenges to do it. We’re game, if the government insists on making Michael do this the hard way,” continued Selick.
Schmidt’s trial concluded in February, 2009. The court’s judgment is scheduled to be handed down on January 21, 2010.
“If the court rules that the cow-share arrangement is a legal method for cow sharers to get raw milk—as has happened in a few U.S. states—we will then turn our efforts to legalizing the distribution of raw milk to other consumers who can’t or don’t wish to own shares in a cow. But if Mr. Schmidt’s arrangements are held to be illegal, we will focus on his appeal,” said Selick.
Ontario dairy farmer Michael Schmidt and Karen Selick will be present at a news conference tomorrow.
Date: Tuesday November 17, 2009 Time: 9:30 a.m. Place: Ontario Legislature Press Room, Queen’s Park
The CCF has also agreed to represent James McLaren, an Ottawa raw milk advocate who has attempted for many years to persuade federal and provincial authorities to adopt regulatory procedures that would permit consumers to buy inspected, tested and approved raw milk in grocery stores. “Most Western European countries and about half the states of the United States permit their citizens to choose between pasteurized milk and safe, regulated raw milk. Why aren’t Canadians permitted to buy this healthful, delicious product?” McLaren asked.
The Canadian Constitution Foundation is an independent, non-profit organization whose mission is to defend the constitutional freedoms of Canadians through education, communication and litigation.
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For more information about the conference contact:
Karen Selick, Litigation Director, Canadian Constitution Foundation 888-877-4007 or KSelick@CanadianConstitutionFoundation.ca
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