Canadian Constitution Foundation
R. v. Michael Schmidt: got freedom?
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Would you like to have the choice to buy fresh, safe, unpasteurized milk from a local farmer you know and trust?
If the subject of raw milk interests you, you’ve probably heard about Ontario dairy farmer Michael Schmidt. For many years, Michael has produced raw milk for human consumption under an arrangement called “cow-sharing”. No-one has ever gotten sick from drinking the milk from Michael’s farm, but that doesn’t matter to the Ontario government.
Police and government agents raided his farm in November, 2006 and charged him with 19 offences under Ontario's mandatory pasteurization laws. Footage of the raid is available in this video.
Michael Schmidt defended himself and won an important victory in January, 2010: the court pronounced him “not guilty” on all charges. But the government wasn’t satisfied with this ruling; it launched an appeal.
The Canadian Constitution Foundation stepped up to defend Michael Schmidt on the appeal. Here’s a link to our press conference. We’re assisting Michael to uphold his not-guilty verdict, and also to challenge the validity of the law itself.
We believe that informed consumers should have the choice about what they eat and drink — that you, and not the government, are best equiped to decide how to look after your own health and well-being.
My name is Karen Selick, and I’m the Litigation Director for the CCF. I am also the lawyer handling Michael’s appeal. Five lawyers are working against me on the government’s side of the case—gulp! There’s a lot of work to be done.
Michael and I will be asking the court to rule that the Charter right to “life, liberty and security of the person” includes your right to make independent decisions about your health and the food you eat.
I’ve found it heartening to hear from the many volunteers who have come forward with stories about how raw milk has improved their health. I’ll be putting some of this evidence before the appeal court in October, 2010.
Michael Schmidt has fought for decades to make safe raw milk available not just to a few select consumers who were fortunate enough to belong to a cow-share, but to all Ontarians who want it. He has offered many times to work co-operatively with government agencies to develop a raw milk certification program similar to those that exist in many European countries as well as many U.S. states.
But the Ontario government and its agencies, including the milk marketing board known as Dairy Farmers of Ontario, have rebuffed all attempts at co-operation. Instead, they have declared all-out war.
The government has unlimited resources—provided by you, the taxpayer — to continue prosecuting Michael through the courts. We don’t know yet how many levels of court they will drag him through before the case is finally resolved.
Meanwhile, Michael and the CCF must rely on the voluntary donations of Canadians like you to raise the money necessary for his defence.
Michael’s case has become a beacon of hope for raw milk advocates throughout North America. His successful ruling has been cited in three cases in the United States and in British Columbia, where other farmers are facing similar prosecutions. The “food freedom” movement is fighting over-regulation at every turn, and Michael is an inspiration to thousands of people.
If you’d like to help Michael continue this fight, please make a donation today. We are a registered charity and we provide receipts for all contributions over $25. You can support a cause you believe in, and reduce your taxes at the same time. Your donation to the CCF will divert some of the money that would otherwise be used to prosecute Michael into a fund that will be used in his defence instead.
