In Canada, this petition is required to be brought before the House of Commons if it reaches 500 signature before the end date. Raw Milk Constitutional Challenge Underway in Ontario Court Dairy farmer and raw milk advocate Michael Schmidt talks to supporters outside court in … 565 Queen Street W. Alexandra Park. [1] Barrie McKenna, “Canada’s dairy industry is a rich, closed club”, The Globe and Mail, 25 June 2015 (updated 15 May 2018), https://www.theglobeandmail.com/news/politics/canadas-dairy-industry-is-a-rich-closed-club/article25124114/ The Canadian federal government has outright banned/ outlawed raw milk sales nation-wide. The injunction prevents, among other things, defendants and anyone with knowledge of the judge’s order “from operating a plant without a license” and “from selling, offering for sale, delivering or distributing milk or cream or products processed or derived from milk that has not been pasteurized or sterilized in a plant that is not licensed under the Milk Act…” In other words, those individuals who paid $2,000 so that they and their families could obtain raw milk are out of luck. This battle is going on for me now over 22 years. In Ontario, a constitutional (charter) challenge to a national and provincial ban on the sale and distribution of raw milk is nearing the finish. Documents submitted as part of the appeal show the detailed health, sanitation and food safety protocols the farm meticulously employs and further illustrate how the Ontario laws have nothing to do with protecting the public health but rather only have the intent to prohibit competition to the Ontario dairy industry. Letter from Michael and Elisa to supporters: (For additional information and background on the case, the Bovine has comprehensive coverage of the cases and actions against food freedom related to Glencolton Farms.). In 2010 ARC purchased Glencolton Farm in its entirety, owning all the land, buildings, equipment and animals. Petitioners are basing the constitutional challenge mainly on two clauses of the Canadian Charter of Rights and Freedoms. Each holds, as a matter of conscience or religion, that she or he should have the right to obtain raw milk from farmers in Ontario for that reason . Even the cleanest farm cannot ensure that raw milk is safe for you to drink. The most common method — used all over the world, including the US, UK, Australia and Canada — involves heating raw milk to 161.6°F (72°C) for 15–40 seconds ( 5. Local mothers sourcing raw milk for their families. It contains all essential enzymes, whereas less than 10% remains in pasteurized milk. Applicants’ attorney, Queen’s counsel Ian Blue, points out in a court filing that calling raw milk a public health risk: At issue in the case has been a 2018 study finding that “the rate of unpasteurized milk-associated outbreaks has been declining since 2010, despite increasing legal distribution. Only those who happen to … We keep shelving out money, some money comes in from some members and a trickle here and there from other farmers. By continuing to use our site, you agree to our Terms of Service and Privacy Policy. Currently, all raw milk cheeses sold in Canada must be aged for at least 60 days as this process is believed to reduce the likelihood of pathogen survival. The best tasting and nutrient rich cheese is the one made from grass fed milk and raw milk. The main food safety concern with raw milk cheeses is the use of raw milk that has been contaminated with pathogens. That ruling was reversed on appeal; raw milk proponents could use a similar decision in the country that is the most oppressive in the world when it comes to enforcement against raw milk sales and distribution. But because Canada doesn’t prohibit double jeopardy, like the U.S., Michael’s acquittal could be appealed and in effect, he was re-tried. Its sale has been banned since 1981, citing the possible presence of bacteria like Salmonella, E. coli, and Listeria.Many provinces go even further in their restrictions: In Ontario, for example, you’re not even allowed to give raw milk … We're ready to expand this project globally, but we need your help. Videos: Canada Raw Milk. While many of these cases occurred before 1991 when it became illegal to sell raw milk in Canada, cases of serious illness related to drinking raw milk are still reported today (8). Controlling for growth in population and consumption, the outbreak rate has effectively decreased by 74% since 2005” (the study looked at outbreaks from 2005 to 2018). Michael Schmidt’s 23 year-battle with the Canadian government has entered a new chapter. In many European countries, raw milk is sold in vending machines. “Raw milk must have warning either on display or, if sold from place of production, may be attached to bottle. .”. Delivery. Make sure to stay up to date on what’s happening by following this blog. Raw milk can carry dangerous germs, such as Brucella, Campylobacter, Cryptosporidium, E. coli, Listeria, and Salmonella, which can pose serious health risks to you and your family.. Read the topics below to get answers to commonly asked questions about raw milk. Schmidt’s 37-day hunger strike in 2011 culminated in a meeting with then premier Dalton McGuinty, but nothing changed. These members are elected to their position in the House of Commons and then chosen by the Prime Minister as members of his cabinet. . Also targeted are the individual herdshare owners as “Jane Doe and John Doe.” Goats are raised on nutritious year-round diet of natural NON-GMO alfalfa hay ( up to 96 % of total diet), free pasture as much as the goats take in, and a grain ration that includes a protein, mineral and gut health source. Please donate directly to our legal expenses here. Once presented, the government is required to respond within 45 days. We are not able to continue this fight unless we know that everyone will do ALL you can to raise legal funds. All content © The Weston A. That’s because raw milk has not undergone a process … WHAT:  Protest, and celebration, by mothers and others in support of raw-dairy farmer Michael Schmidt, and the right to “voluntary exchange,” outside Ontario courthouse in Newmarket. The proceedings on Wednesday, which took about an hour, were devoted to scheduling future hearings and determining technical issues, like whether to combine two complaints against Schmidt—one from the York Region and another from the Ontario dairy director. Also lost would be the genetics of the rare heritage breed “Canadienne” cows that Schmidt has bred for over the past 30 years. There was a lot of legal and public health talent on display at the hearing on the legal challenge by Ontario raw milk drinkers to get the long-standing ban on raw dairy declared unconstitutional. Raw Milk = Real Milk, fresh whole pure raw milk from grass-fed cows ). WHERE: Ontario Court of Justice, 50 Eagle Street West, Newmarket Ontario. Our cows graze on pastures from May until November. Note: if you are donating from the US, the exchange rate is currently to our advantage; your generosity will go further in Canada. Of course, we want to far exceed the minimum requirement. Meanwhile, over the 24 years that Ontario has been prosecuting Schmidt, the number of U.S. states that have enacted laws allowing consumers to access raw milk has risen from 26 to 42. To get a sense of the farmers who are targeted and what the government is trying to do to these farmers, take a look at her article about Glencolton Farms. David Gumpert covers the event supporting Canadian dairy farmers in a similar vein. The petition began on April 13, 2016 and is already over 1100 signatures. and the Regional Municipality of York, Simcoe Muskoka District Health Unit and the Regional Municipality of Peel that prevents 143 individuals and their families that are members of the Our Farm Our Food Cooperative (OFOF) from being able to consume raw milk produced by a herd of dairy cows in which OFOF has 100% ownership–the co-op members have invested $2,000 each to join. A recent court case has brought this issue to the attention of Canadians. Please sign this petition and ask others to do the same. © 2021 Financial Post, a division of Postmedia Network Inc. All rights reserved. Among those challenging the ban in court is dairy farmer Elisa Vander Hout whose husband is Michael Schmidt, the one who has done more to promote and increase access to raw milk than anyone in Canada. On many occasions over the years Michael has sought various avenues to legalize the much-in-demand product, whose production and sale in the province remains largely underground. In Ontario, a constitutional (charter) challenge to a national and provincial ban on the sale and distribution of raw milk is nearing the finish. The incident has widespread implications, not only for the raw milk movement but for the basic right to farm, and the outcome could affect America and other nations as well as Canada. Hundreds of people gathered at the courthouse prior to a hearing on March 16 in support of Canadian dairy farmers. Raw milk is milk that has not been pasteurized or homogenized. The main claim of the applicants is that the ban violates the provision in the Canadian Charter of Rights and Freedoms guaranteeing freedom of conscience and religion. Canadian dairy farmers get support from comunity Photo: David Pickett. While many of these cases occurred before 1991 when it became illegal to sell raw milk in Canada, cases of serious illness related to drinking raw milk are still reported today (8). The Toronto court has the opportunity to uphold freedom of choice something that the corporate/bureaucratic dictatorship wants to crush. CONTACT: Liz Reitzig 301-807-5063 liz@hartkepr.com Elisa Vander Hout 519-372-6570 arc@bmts.com, Raw milk activist, Michael Schmidt, his wife, Elisa, his son, Marcus, and a church pastor are threatened with arrest if they do not immediately cease raw milk distribution. The applicants’ response has been to show that pathogen prevalence alone is not a reliable indicator of risk because of risk-mitigating factors such as the dose of the pathogen (is there enough in the milk to make someone sick); the consumer’s immunological status; production, storage and transport conditions of the milk; and the mitigating presence of beneficial bacteria. The many Canadian raw milk producers that have started up in recent years would rather stay underground than work for legalization like Schmidt did, seeing the courts repeatedly favor the dairy industry monopoly over freedom of choice and private property rights. “ … Just order quick and easy online and you´ll receive the goods within a couple of days. All rights reserved. Top graphic snipped from “Food Rights” video, published 19 Oct. 2015 on YouTube at https://www.youtube.com/watch?v=F8UWf_A3uFs, Updated 3/14/18 – title revised from “Farmers and Consumers File Constitutional Challenge to Ontario Raw Milk Ban”. Mothers and farmers are available for interview prior to March 16th and at the rally. If this petition reaches 500 valid signatures of Canadians by its deadline on August 11, 2016, the petition will be presented in the House of Commons. Raw milk is milk that has not been pasteurized to kill harmful bacteria. The law in Alberta, as in all provinces of Canada, prohibits any sale of raw milk; there is a federal ban in the country as well. Kudos to Ian Blue and his law firm of Gardiner Roberts LLP for providing representation for applicants at a substantial discount. In many European countries, raw milk is sold in vending machines. I cannot, in good conscience, enjoy consuming health-giving raw milk on my farm with my family (under the Ontario Milk Act only dairy farmers and their families have legal access to raw milk), while others are left to suffer their ailments which led them to seek out access to raw milk in the first place.”, The petition describes the consumer parties to the challenge as “individuals who for many years have purchased raw milk, consumed it themselves and provided it to members of their families for the health benefits they believe it affords. Virtually everyone who learns about this issue has sympathy with the position of Schmidt and the consumers’ co-op. The article, “Massive Raw Milk Rally in Newmartket” continues on The Bovine site, describing other speakers at the fun event. As Canada ambles along towards the day when its prisons will empty of people who did nothing more heinous than possess marijuana, the province of Ontario appears eager to fill its empty jail cells with individuals whose so-called crime was distributing raw milk. However, the medical community has warned of the dangers, which include a risk of … (416) 674-2642. Self-parking is available. Raw milk is milk that is unpasteurized. While we have made it past the initial 500 signatures needed in order to make sure this issue is heard in Parliament, we want to see the Canadian Raw Milk Petition in the top three on the site so that we can show the Canadian government and the Canadian people that a policy change is long past due. Or possibly people are simply becoming ever more outraged that the legal beat against Schmidt refuses to end, and has been renewed on entirely new grounds….after 22 years of farm raids and trials. Petition – http://www.farmfreshmilk.ca/wechoosefresh, ——— Sutherland of the Superior Court of Justice in Newmarket who issued an order prohibiting all raw milk producers in Ontario from operating a raw milk plant without a license and from any distribution of raw milk by an unlicensed plant; under provincial law any raw milk produced by a licensed dairy plant must be pasteurized. We are willing to fight. Postmedia is committed to maintaining a lively but civil forum for discussion and encourage all readers to share their views on our articles. Raw milk cannot legally be sold in Canada, except into government-authorized "supply management" cartels, where it goes to be pasteurized. Canadian citizen, Cory Harris, has launched a petition directed to the Minister of Health. Another likely outcome will be increased health risk to steadfast raw milk consumers. At a past court hearing on March 16, 2016, the court set a date in September for the final hearing on the applications. Karen Selick was Michael Schmidt’s lawyer from 2010 to 2013. Canadians have the opportunity to make this the number one issue on the petition site with an influx of signatures over the next two months. Raw milk consumers across Canada have spent decades peacefully trying to obtain raw milk from local farmers despite the threat of harassment from the authorities. Raw milk advocates in Canada have created a petition to ask their government to legalize availability of raw milk. It’s time for the federal and provincial legislatures to pay attention, just as they finally did with marijuana, and remove this thorn from everyone’s side. She will most likely be the one who responds to the petition after it is presented in the House of Commons. More on that later. Now, anyone who distributes or sells raw milk in the area can face years in prison. The main parties in the Newmarket case beside Schmidt and Vander Hout were the Agri-Cultural Renewal Cooperative Inc. (ACR) and Our Farm Our Food Cooperative Inc. (OFOF). A Canadian raw milk advocate, Cory Harris, has started a raw milk petition asking the Canadian government to examine their position on the legality of fresh milk. Retail sale of raw milk in stores is allowed. The rally and celebration is designed to bring awareness to the draconian measures against dairy farmers in Ontario. When milk is pasteurized it undergoes a process of heating the milk to a high enough temperature so it kills enzymes that are healthy. It is illegal to sell raw milk in Canada. It … Since that time, Michael and attorneys for the coop have successfully argued for a separate hearing on the motion to have a jury trial. Please add your voice to the other thousands who have signed by going to the petition site and filling out the requested information. The only threat to health is the senseless loss of a great source of nutrient-dense food if the Toronto Superior Court rejects the constitutional challenge. It is uncertain at this time whether Schmidt will continue his fight to legalize raw milk in Ontario and elsewhere in Canada. In her affidavit, Ijaz noted, “The risk per serving of foodborne illness…associated with consumption of milk procured in its raw state –while not negligible–is significantly lower than that from other foods commonly implicated in foodborne outbreaks, i.e., leafy green vegetables, ground beef hamburger, home cooked chicken.”. In this video, that is sure to make your blood boil, Canadian agents threaten peaceful farmers while farm co-owners express their opinions in October of 2015. Please try again. Karen Selick: It’s time for the federal and provincial legislatures to pay attention, just as they finally did with marijuana, and remove this thorn from everyone’s side. Modern safety checks and methods ensure healthy cows and clean milk. Agents harass Michael and Elisa and other farm owners while raiding Glencolton Farms. Thank you. The ban has served as a protection racket for dairy industry but some of the farmers making up the industry might want to consider obtaining another outlet for their milk. Trusted Source. Raw milk consumers across Canada have spent decades peacefully trying to obtain raw milk from local farmers despite the threat of harassment from the authorities. Please sign the petition and ask your Canadian raw milk friends to do the same. The Healthy Butcher41 $$$Butcher. In addition to the charges, the Alberta Health Services (AHS) has issued a “Notice of Closure” to Rand ordering him to “cease and desist the distribution, transport, processing or sale of unpasteurized milk or unpasteurized milk products.” One of the grounds for the order was that “distributing, transporting, processing or selling unpasteurized milk products” was in violation of an Alberta health regulation stating, “no person shall create, commit or maintain a nuisance.” Alberta Agriculture and Forestry (AAF) issued a second order to Rand, a “Notice of Seizure or Detention” requiring that all milking equipment and any dairy products, including all future production, remain on Rand’s farm. Unpasteurized milk is regulated under section 6 of the Milk Industry Act and section B.08.002.2 (1)1 of the federal Food and Drug Regulation, both of which prohibit the sale of raw milk. Dairy plant A was a farmstead operation with approximately 45 dairy cows that supplied all the milk for the plant's cheese production. Do all these foreign governments care less about their people than Canadian governments do? Canada, Scotland, and Australia completely forbid the sale of any raw milk , whereas in New Zealand, England, and Wales changes in the legislation make the sale of certified raw milk easier. We are now in our last round. If this petition reaches 500 valid signatures of Canadians by its deadline on August 11, 2016, the petition will be presented in the House of Commons. Only 2 countries have a blanket ban on raw cow's milk: Australia and Canada. That is why all milk in Ontario, and the rest of Canada, must be pasteurized before it can be sold to consumers. This would send the message loudly and clearly that it is past time the Canadian government reevaluates its outdated position on the prohibition of fresh milk. The petition notes that there is no law prohibiting the consumption of raw milk which wouldn’t be the case if the product was truly regarded as a health hazard. . David goes on to explain the intricate and somewhat complicated court matters involved in the case. Why do we sell cigarettes and alcohol but not raw milk? Yet thousands of farmers and their friends drink raw milk without problems. Contamination can also occur during handling, packaging and distribution. “On this particular day, Schmidt brought about 300 people with him, the largest demonstration ever on his behalf. The charges and the orders against Rand stem from a November 7, 2018, raid on Rand’s farm and a supposed raw milk distribution site in Red Deer, Alberta, by officials from both AAF and AHS as well as the Royal Canadian Mounted Police (RCMP). The officials conducted the raid at both locations without any warrant. The sworn evidence before the court from some 80 co-op shareholders was that if their operation were shut down by injunction, they’d simply seek out raw milk from other sources. PostPandemic: How COVID-19 is reshaping Canada, You can now go to prison in Canada for providing raw milk. In Canada it is forbidden to use growth hormones and antibiotics for the dairy cows. Recent swat-style raids and arrest warrants on small farmers have inspired mothers and other activists to take their message to the courthouse where they plan to risk criminal charges, and possibly jail, by gathering for a peaceful milk and cookies picnic. The Ontario government jumped on the opportunity to keep the case alive, and found judges to overturn the acquittal. It can come from any animal. The petition states, in part: “We, the undersigned, Citizens of Canada, call upon the Minister of Health to Modernize and amend the Food and Drugs Act and the corresponding Food and Drug Regulations, to permit the legal sale of, and/or access to, raw (i.e. I have fines of over 100 000 dollars hanging over my head, got a jail sentence in BC for helping a raw milk farm there. Consumption data on raw milk Gouda-like cheese were unavailable for the healthy BC population. . Blogger and activist, Liz Reitzig, chronicles the case, the hearing and the farm of noted raw milk farmer, Michael Schmidt. In his talk, Michael praised other raw milk farmers for also “coming out of the closet”. On Jan. 5, 2018, Justice P. W. Sutherland of Ontario’s Superior Court of Justice imposed an injunction in a case called Downing v. ARC. GoFundMe – https://ca.gofundme.com/dairy-freedom The government’s position during the litigation has been that the prevalence of pathogens in raw milk is reason enough to maintain the ban; this is a double standard applied to raw milk–if it’s not perfect then sales should be illegal. The law in Canada is that raw milk cannot be sold to the public because it poses a health risk. I have been in and out of court so many times that it is impossible to even count. Videos: Canada Raw Milk. UPDATE – The defendants filed an appeal of Justice Sutherland’s opinion in February 2018. Milk and milk products provide a wealth of nutrition benefits. The 21 individuals filed the challenge in response to a January 5 decision by Judge P.W. Cheese ripening has proven a sticky matter between Quebec and the federal government, and an Ottawa attempt in 1996 to ban the sale of raw-milk cheese raised a political stink in the province. Links: Dairy farmers in one of Canada's largest milk-producing province are poised to dump millions of litres of milk due to coronavirus. It's A Good Source of Quality RAW Protein. Producing raw milk is illegal in Scotland but people buy it from England. Although ignorance of the law is generally not an excuse for people charged with an offence, Sutherland’s order has made it advantageous for purveyors of raw milk to be ill-informed. Raw milk is a rich source of raw protein, with just one cup … A Campaign for Real Milk is a project of: Outbreaks linked to raw milk are more common in states where raw milk is legal. Raw or unpasteurized milk Milk must be pasteurized in order to be sold in Canada. Schmidt, Vander Hout, ARC, OFOF and the other defendants in the case have appealed Judge Sutherland’s ruling to the Court of Appeals for Ontario requesting that the judge’s orders and the appeal itself be stayed until the Toronto Superior Court of Justice has issued a decision on the constitutional challenge. Weston A. Once presented, the government is … And when both the law and the facts are against you, call the other side names.” When asked by Blue during cross-examination, two of the government’s witnesses acknowledged that informed consumers should have the freedom to consume raw milk. Seriously. In contrast to Australia the market for raw milk has been liberalized recently in New Zealand as it is in England and Wales, where selling of raw milk must be certified by the Food Standard Agency. In his opinion, Judge Sutherland made the ominous statement that “[a] court should not grant such an order unless the court is prepared if necessary to commit a violator of the order into prison.” Schmidt has already been sentenced to 60 days in jail for obstructing a peace officer trying to leave Glencolton Farm with dairy products and milking equipment. Sheldon Creek Dairy Sign up for price Create Account Or Sign In NEW ITEM - Introductory Special. In November 2019, attorneys for the 19 consumers and two farmers (applicants) who filed the challenge, and attorneys for the attorney general of Ontario, the attorney general of Canada, the Dairy Farmers of Ontario and the Dairy Farmers of Canada will argue …
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