Adam McLean
Dairy farmer Michael Schmidt addresses the media next to his blue school bus after his court hearing in Newmarket Thursday.
Regional News
August 02, 2008 08:35 PM
By: Adam McLean
According to his supporters, if Michael Schmidt’s court battles had the shelf life of his milk, they would have turned sour long ago.
The farmer, an outspoken proponent of raw milk, was in a Newmarket courtroom Thursday supported by more than 40 of his friends and family. He faces charges of contempt levelled at him by York Region last year.
A short time later, he walked out with no resolution to the issue after Superior Court Justice Michael Brown ruled to push the case back to Sept. 11. Judge Brown decided there wasn’t enough time Thursday to hear arguments from both sides.
In the fall of 2006, the region accused Mr. Schmidt of failing to abide by an order to cease production of his unpasteurized milk for distribution, an activity that is illegal in Canada.
The contempt charge stems from charges by the province that Mr. Schmidt violated the Health Protection Act by distributing his raw product.
Also in 2006, much of his manufacturing equipment was confiscated from his farm near Durham, between Guelph and Owen Sound, and he was ordered to cease distribution.
If found guilty, Mr. Schmidt could face up to two years in prison. He has chosen to represent himself in the case.
In the packed courtroom and shortly after opening statements from the prosecution and Mr. Schmidt, Judge Brown said he was “uncomfortable with making a decision”, at this stage of the proceedings.
“Mr. Schmidt can’t stand up and testify in motions court. That is done at a trial,” Justice Brown told the lawyer acting on behalf of the region.
“Motions are limited to one hour and there isn’t a chance in the world this case will be done in even a day. We need the venue to make a responsible decision and give Mr. Schmidt the opportunity to testify. I need to hear witnesses and see evidence before I could make a decision that could possibly send a man to jail,” the judge said.
Though the ruling was welcomed by some supporters, it illustrated a concern expressed by others.
“The courts have all the time in the world. They can drag you through procedure after procedure and it begins to wear you down,” Roger Coutts Umstead said.
Mr. Coutts Umstead and his wife, Kathleen, drove in from Windsor to show their support for Mr. Schmidt. Like many in attendance, they were former cow shareholders.
Mr. Schmidt had been using the cow shareholder argument as a potential loophole in regulations on the sale of milk.
Since farmers who produce raw milk are legally allowed to consume it, his supporters bought shares in his cows. Those on hand said they feel their consumption and Mr. Schmidt’s distribution of milk, via a cow they have a share in, is their constitutional right.
Mr. Schmidt regularly sold unpasteurized milk at the Toronto Waldorf School’s Village Market on Bathurst Street in Thornhill. He argues the profit he turns from distributing his product is simply to sustain his farm.
He and his supporters argue raw milk is not a health hazard when properly handled and stored.
“The prosecution have done nothing to prove that this is a health hazard,” he declared outside the court house. “I feel like today was a victory for our side.”
Before adjourning the hearing and rescheduling the trial, Judge Brown offered Mr. Schmidt advice and a warning.
“The potential penalty if you are found to be in contempt is jail,” Judge Brown said, in an effort to gauge the farmer’s understanding of the severity of the situation.
“Then you should be aware that you are severely compromised without proper representation and no legal training,” he told Mr. Schmidt, further urging him to consider obtaining legal representation.
To that, the organic dairy farmer replied, “I am aware your honour and I would like to represent myself.”
Mr. Schmidt is also expected in court Sept. 22 for a motions hearing defending himself against charges from the province under the Health Protection Act.