Michael Schmidt, Raw Milk Advocate, Gets $9,150 Fine, 1 Year Probation

First Posted: 11/25/2011 3:06 pm Updated: 01/25/2012 5:12 am

Raw Milk

NEWMARKET, Ont. - Raw milk crusader Michael Schmidt was handed a $9,150 fine and one year of probation Friday on convictions related to selling and distributing unpasteurized milk.

In an interview after the sentence was handed down in a packed Newmarket, Ont., courtroom, Schmidt said he would not be paying the fine.

"I'd rather go to prison than pay the fine and that's a matter of principle," he said. "If I pay the fine, then this is almost like an admittance of guilt."

An appeal will be filed within the next 30 days, he said.

The raw milk charges were laid in 2006 after a raid on Schmidt's farm near Durham, Ont., and he was acquitted in a lower court last year.

Justice Peter Tetley overturned 15 of those 19 acquittals in September after the Crown appealed.

The Health Protection and Promotion Act makes it illegal to sell unpasteurized milk in Canada because it's considered a health hazard. It is, however, legal to drink raw milk.

Since the raid in 2006, the farm northwest of Toronto has been converted to a co-operative run by 150 to 200 share-holders and is no longer owned by Schmidt. Dozens of his supporters packed the courtroom Friday, while others were outside.

"I don't own anything," the raw milk advocate said, explaining he has no way of paying the fine and no seizable assets.

"I'm basically living on the grace of other people."

Schmidt, 57, went on a hunger strike following Tetley's decision in September. He ended it five weeks later following a meeting with Premier Dalton McGuinty.

The dairy farmer reported losing 50 pounds while living on a diet of water and lemon juice. He's managed to gain back five or 10 pounds, he said Friday.

In the September ruling, Tetley rejected Schmidt's argument that his "cow share" operation — in which consumers of raw milk from the farm were also owners of the milk they drank — exempted him from the legislation.

But on Friday, Schmidt said, Tetley applauded him for standing up for his cause, even comparing it to the fight for Sunday shopping that played out in the courts several years ago.

Still, the judge said the raw milk case involves a regulatory offence and has nothing to do with Schmidt's character.

Schmidt has become a leading figure in North America for his raw milk and food rights advocacy.

He has intervened in raw milk cases in B.C. and Alberta, and developed a training and certification program for farmers, Cow Share Canada.

Schmidt faces contempt of court charges in Vancouver on Dec. 5, in connection with a cow share in Chilliwack, B.C.

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NEWMARKET, Ont. - Raw milk crusader Michael Schmidt was handed a $9,150 fine and one year of probation Friday on convictions related to selling and distributing unpasteurized milk.In an interview afte...
NEWMARKET, Ont. - Raw milk crusader Michael Schmidt was handed a $9,150 fine and one year of probation Friday on convictions related to selling and distributing unpasteurized milk.In an interview afte...
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HUFFPOST SUPER USER
singmaster
11:38 PM on 11/26/2011
Good for you, Michael. Keep fighting.
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dan can
11:43 AM on 11/26/2011
the milk monopoly will destroy all things good, just like everything else run by lobbiests and big business. total shame.
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12:36 AM on 11/29/2011
My family are dairy farmers, the monopoly is not a bad thing, do a little research!
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dan can
07:21 AM on 11/29/2011
you are swimming with the sharks, you have lost perspective.
07:41 AM on 11/26/2011
I would drink raw milk any day. It saved my child's life when the formula nearly killed him. I drank it all the time on the farm and was never overweight or sick. If I want raw milk, I have the right to drink it. It is my body, not anyone else's and I have a right to put in it what I want. If people drank more of it instead of formaldehyde filled junk they call milk that has been bleached and who knows what else, we would have less sick people in hospitals. I would trust it 100% over most food that we have in the stores that is laden with pesticides and half filled with plastic. It is time that we had the right to choose for ourselves. We are not infants.
12:22 PM on 11/26/2011
Problem is you are covered by public healthcare whether you want to or not. As a taxpayer, I have great interest in your health. The government said raw milk is bad, therefore it is. 2+2=5
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singmaster
11:36 PM on 11/26/2011
Are you being serious?
12:53 PM on 11/28/2011
You had better be exercising for a minimum of 60 minutes daily, no alcohol, no smoking, eating an organic healthy diet free from fast food and fried foods and never ever using a cell phone while driving, to not look like a total hypocrite making the statement you just made.
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Aroddo
04:07 PM on 11/26/2011
raw milk is fine for responsible people.
however, america consists to 90% of processed food junkies who are not accustomed to drink their raw milk before it goes bad. or rather before it goes lethal.

i can understand a government preferring disgruntled raw-milk traders to tens of thousands idiots with food poisoning.
12:58 PM on 11/28/2011
Raw milk just sours or starts to make cheese curds if you leave it to long.
Pasteurized milk turns into some scary stuff if you leave it too long.

I agree Raw milk on the commercial scale of pasteurized milk would be problematic. It is not the milk spoiling that is the issue, it is the contamination with dangerous bacteria at some point during it passage from the cow to the end user that is the risk.
02:25 AM on 11/26/2011
Or give the milk freely, and ask for "Charitable donations." Good Lord, the government allows the sale of cigarettes and alcohol, and now enables gamblers, and they concern themselves with the sale of raw milk? Am I missing something?
11:01 PM on 11/25/2011
Why not give the the milk for free and simply sell the containers they are held in?
Problem solved?
01:00 PM on 11/28/2011
or sell it not for human consumption, either pet use or as a plant fertilizer (raw milk will greatly increase the beneficial bacteria in the soil resulting in much healthier plants.
08:36 PM on 11/25/2011
For some strange reason this guy is being persecuted by the government. He is not selling his milk to stores where the general public would buy it. It only goes to the people who want it directly from his farm. What's the harm in that especially in view of the recent recalls of cheese and yogurt made from pasteurized milk. Most farm kids of an older generation grew up drinking milk straight from the cow and we were very healthy with good bones.
05:59 PM on 11/25/2011
This is a waste of tax payer money, their is no crime here and ALL Canadians, even if you do not agree with unprocessed milk, should rise up against this injustice and corporatism. Wake up Canadians our country is selling out to the lowest bidder. Democracy is not a spectator sport!!!
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12:38 AM on 11/29/2011
Lowest bidder? The milk marketing boards have been a good thing for dairy farmers!
10:50 AM on 11/29/2011
They are so good that soon they will be out of business because people will want to drink real milk, from cows that are clean and treated well, and hopefully the dairy boards will go the way of the wheat boards? Have the dairy boards been good to the cows or just the dairymen, because I do agree that the milk boards have been good for corporate dairy farmers who care nothing about the health of their cows!!!!
05:44 PM on 11/25/2011
This law goes against freedom and liberty and needs to be changed. How can restaurants serve food in some pretty horrible conditions (kitchen nightmares anyone?) yet milk producers can't sell unpastuerized milk? Pretty much ridiculous if you ask me - it should be up to the milk producer and not some arbitrary law that's only in place to protect certain milk distributors.
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Aroddo
04:14 PM on 11/26/2011
raw milk is healthy as long as it's fresh.
after 2-5 days (depending on storage) it is usually unsafe to drink and can cause serious food poisoning.

now take a look at your most stupid members of society and imagine that there are about 10 million of them... the grand food poisoning of 2011 ...
09:46 PM on 11/26/2011
There's always risk in freedom, that's just a given. If people want to drink it, let them have at it - it's just milk for goodness sake. Maybe some food poisoning will wisen them up to drink it before it expires on them, either way there's no need to have laws get in the way of that. The laws aren't about protecting people from food poisoning anyway, they are to protect the milk distributor monopolies across the country.
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12:39 AM on 11/29/2011
Healthy? Oh yes and you trust every producer do you, trust that there is no bacteria...you are foolish if you do!
05:27 PM on 11/25/2011
I visited a family in BC who was part of a 'cooperative' with a local farmer, and didn't directly pay for the raw milk the family drank, as a product, but as ownership fees for the cow, and was able to eat "their" milk from "their" cow. This is something that people should do more actively.
04:55 PM on 11/25/2011
This annoys me no end. I had a recipe a while back that called for unpasteurized milk and I could not find any ... the recipe escapes me now but it might have been for home made butter or creme fraise ... can't remember offhand but the fact remains if folks want to buy it .. we should be able to ... label it clearly but allow it ... for goodness sake ANYTHING can be bad for you if not properly handled or stored ...pasteurized or not.
04:54 PM on 11/25/2011
My family drank nothing but raw milk when I was young. Not one of us ever got sick from it, ever. Where I live, we jealously guard the local milk producers who are willing to share their raw milk with us. It is about Canada got wise and changed this stupid law.
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12:40 AM on 11/29/2011
You didn't get sick from it because you built up antibodies to it, not like those off the farm!