The Canadian Press - ONLINE EDITION

Raw milk farmer loses bid to take case to Supreme Court, vows to continue fight

  • Print
Farmer Michael Schmidt talks to reporters on Thursday July 31, 2008 outside court in Newmarket, Ont. The Supreme Court of Canada will not hear an appeal from Schmidt who has long championed the right to sell and drink unpasteurized milk. THE CANADIAN PRESS/Colin Perkel

Enlarge Image

Farmer Michael Schmidt talks to reporters on Thursday July 31, 2008 outside court in Newmarket, Ont. The Supreme Court of Canada will not hear an appeal from Schmidt who has long championed the right to sell and drink unpasteurized milk. THE CANADIAN PRESS/Colin Perkel

OTTAWA - The Supreme Court of Canada will not hear an appeal from an Ontario farmer who has long championed the right to sell and drink unpasteurized milk, but he says "it's not the end of the road."

The top court's refusal to hear Michael Schmidt's case — as is usual it did not provide reasons — means his 2011 convictions of 13 charges under the Health Protection and Promotion Act and the Milk Act that saw him fined $9,150 stand.

He will, however, continue his crusade to provide people who wish to buy raw milk with the unpasteurized product. The Ontario government maintains the unprocessed milk poses a significant risk to public health, but Schmidt insists there's no evidence anyone has ever fallen ill from his milk, and he and his supporters argue raw milk offers health benefits.

"I don't think it's the end of the road at all," he said from his farm in Durham, Ont., south of Owen Sound. "I think it was a ruling on a very specific case, a very specific situation. I think it will become much more a political issue now than a legal issue."

Ontario does not ban the consumption of raw milk and farmers are allowed to drink the milk produced by their own cows. Earlier court decisions have found that Schmidt's method of allowing consumers to buy an ownership interest in a dairy cow was little more than a way to circumvent the rules.

Schmidt has since changed the structure of his business, getting his approximately 150 customers to buy part ownership in the farm, rather than just the cows. The government has — so far — not prosecuted him in regards to his new operation, he said.

"I'm always open for surprises," Schmidt said, laughing. "But at the same time they know I'm committed and this issue will not die."

Schmidt has been locked in a decades-long battle with the province — including a hunger strike — over raw milk, arguing that willing consumers must have the right to choose what they consume. When Ontario's Appeal Court upheld his conviction it disagreed, saying unpasteurized milk poses a risk to public health, and the sales ban is constitutional absent definitive evidence of any health benefits.

"The impugned legislation prohibits the appellant from selling or distributing a product that certain individuals think beneficial to their health," the court ruled earlier this year. "Lifestyle choices as to food or substances to be consumed do not attract Charter protection."

Fact Check

Fact Check

Have you found an error, or know of something we’ve missed in one of our stories?
Please use the form below and let us know.

* Required
  • Please post the headline of the story or the title of the video with the error.

  • Please post exactly what was wrong with the story.

  • Please indicate your source for the correct information.

  • Yes

    No

  • This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.

  • Cancel

Having problems with the form?

Contact Us Directly
  • Print

You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is be a Winnipeg Free Press print or e-edition subscriber to join the conversation and give your feedback.

You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is be a Winnipeg Free Press print or e-edition subscriber to join the conversation and give your feedback.

Have Your Say

New to commenting? Check out our Frequently Asked Questions.

Have Your Say

Comments are open to Winnipeg Free Press print or e-edition subscribers only. why?

Have Your Say

Comments are open to Winnipeg Free Press Subscribers only. why?

The Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010.

letters

Make text: Larger | Smaller

LATEST VIDEO

J.P. Vigier’s Whiteboard: Coach Maurice’s first full season

View more like this

Photo Store Gallery

  • MIKE APORIUS/WINNIPEG FREE PRESS BUSINESS - cow on farm owned by cattle farmer Lloyd Buchanan near Argyle Wednesday afternoon -see Larry Kusch's story  January 04/2006
  • Jia Ping Lu practices tai chi in Assiniboine Park at the duck pond Thursday morning under the eye of a Canada goose  - See Bryksa 30 Day goose challenge Day 13- May 17, 2012   (JOE BRYKSA / WINNIPEG FREE PRESS)

View More Gallery Photos

Poll

Do you think the Scottish independence referendum will have an effect in Canada?

View Results

View Related Story

Ads by Google