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Court case heats up raw dairy debate in Canada
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By: Darcy Wintonyk, ctvbc.ca
Date: Friday Jan. 22, 2010 11:53 AM PT
An unprecedented court decision in Ontario upholding the legality of raw milk co-ops may help the legal battles of a B.C. farmer and force Canadian regulators to legalize the sale of unpasteurized dairy, according to raw dairy experts.
Durham, Ont., farmer Michael Schmidt was found not-guilty on 19 charges related to selling unpasteurized milk Thursday.
The sale of raw milk has been prohibited in Canada since 1991, with health agencies saying it is a health hazard. Cow share operations sidestep the law by allowing members to buy into their organization -- making them part owners of the animals.
Justice of the peace Paul Kowarsky took two-and-a-half hours to read his verdict in the Newmarket, Ont., courtroom. He said the case was part of a "search for contemporary justice."
"[Members] are fully informed that the milk is not pasteurized," Kowarsky said in his ruling, adding the product is only sold to coop members who are well aware of health risks.
Outside the courthouse supporters cheered as Schmidt held a glass of raw milk.
Schmidt successfully argued the charges against him under the Health Protection and Promotion Act and the Milk Act are unconstitutional and infringe on his rights and freedoms.
Implications
The ruling gives hope to Alice Jongerden, a British Columbia farmer on the verge of entering into her own legal battle Feb. 1.
Fraser Health is seeking a permanent injunction against her cow-share co-op in Chilliwack. Home on the Range dairy was handed cease and desist orders by two health authorities in December, with authorities forcing depots to dump bottles of its milk and giving dire warnings for owners if they handled the product ever again.
"I'm excited. The verdict is great news," she told ctvbc.ca from her farm. "People can now enjoy their milk without fear"
Jongerden said the evidence submitted during the Ontario trial will force B.C. regulatory agencies and lawmakers alike to take notice.
"There's a lot that went into Schmidt's case -- a lot of witnesses, a lot of experts and a lot of facts -- and the judge gave a verdict of not guilty. It's been proven and the authorities can't ignore it."
The North America response
Raw dairy experts say Schmidt's court victory has the potential to create massive change in the way provincial and federal health authorities consider unpasteurized dairy in Canada.
"It means a tremendous amount in Canada," Ron Shmidt, author of The Untold Story of Milk, told ctvbc.ca from his organic farm in Watertown, Connecticut.
"Common sense would say cow shares are going to blossom all across Canada and it will be sold everywhere in a matter of time."
Kimberly Hartke, a member of the non-profit lobby group Weston A. Price Foundation in Washington, D.C., says the verdict may have implications beyond Canada.
"This is a full court press."
"It's gotten much more aggressive with regulators and this will send a message that they need to back off. If these farms were causing serious outbreaks and people were dying or having diarrhea for weeks they would have a leg to stand on. But none of these things are happening."
Controversy
David Gumpert, a former business reporter with the Wall Street Journal and author of The Raw Milk Revolution, was in Ontario for Schmidt's decision. He says the case is more than health agencies labeling the product as dangerous -- it represents a battle between the current industrial food system and a growing local food movement.
"This upholds the right of consumers to get together in private groups and gain access to foods the regulatory authorities might not want them to have access to," he said.
"Raw milk just got a huge boost in Canada."
Pete Kennedy, a legal activist with the Farm2Consumer Legal Defense Fund, a group that supports U.S. farmers who want to sell unpasteurized dairy, says Schmidt's case has had a galvanizing effect on the way Canadians view food rights.
"There's a growing resentment for the government trying to deny that right to access raw milk when it's legal for them to consume it," he told ctvbc.ca from his office in Sarasota, Florida.
Michael Schmidt agrees.
"The battle about raw milk is a battle about food freedom and our individual rights," he said, adding that all seven of his children were raised on raw dairy, and never got sick.
Organic Pastures founder and CEO Mark McAfee, who sat through the trial for four days last year, said Canadian authorities would face a backlash if they deny people their food rights.
"It's a human desire and the suppression of that desire and choice will cause a revolution. Don't get in the way of this -- it'll bowl you over."
McAfee, who wrote the first North American health standards for raw dairy, believes the case will wake up the nation to what he feels are the healing qualities of unpasteurized dairy.
"After the court ruling is the side effect of what happens in the hearts and minds and souls of Canadians. Just the attention on the issue brings it to the forefront."
Health agencies weigh in
Dr. John Carsley, a public health officer with Vancouver Coastal Health, told ctvbc.ca legalizing cow share coops would make consumers more aware of the health risks of what they're drinking.
"The potential upside is that you can have a regulatory regime that will reduce the inherent risks in raw milk to the lowest possible level."
Carsley, who says public health views raw milk as all risk and no benefits, says there are risks if raw milk remains illegal.
"There will still be a black market without any external oversight and any rules about standards and consumers will even be less aware of what they're getting into."
He said legalizing cow shares could have a positive effect for farms like Home on the Range because they would be forced to have their cows tested monthly for infectious diseases and potentially harmful bacteria.
In an email to ctvbc.ca, a spokesperson for Health Canada said the agency has no intention "at this point" to review federal Food and Drug Regulations about raw milk in light of the Schmidt decision.
"These regulations were developed to improve public health protection as hundreds of cases of food borne diseases were reported every year that were linked to raw milk consumption," the agency wrote.
"Milk is heavily consumed by young children, a subset of the population that is at greater risk of complications from food borne illness. Health Canada believes that Canadians should have access to safe food, such as pasteurized milk."
Vancouver Coastal and Fraser Health told ctvbc.ca they would not publically comment on the Ontario case until they have read and digested the judge's reasoning.
Changes
Alice Jongerden says she would support additional testing of her cows, adding that making cow shares legal in B.C. would take away the fear the average person has about drinking unpasteurized dairy.
"That way the people are involved in what's happening and they can meet the cow and have control."
"It would give more people the opportunity to own a cow, or part of a cow, without the fear of doing it under the table."
Kimberly Hartke says North American regulators need to catch up with what she feels is a growing consumer demand for unpasteurized milk coupled with an antiquated approach to food rights. She calls Michael Schmidt and Alice Jongerden "canaries in the freedom factory."
"Their lack of freedom is hurting our health. There's plenty of room for both raw and pasteurized dairies in Canada. Now the regulators just need to step up and make it happen."
On Jan. 22, CTV British Columbia brings you part two of Shelf Life: a five-part investigative series on the controversy over raw milk in B.C. and beyond.
Raw Milk: Magic elixir or health hazard? wades through scientific claims made about unpasturized dairy -- and brings you the raw truth.
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Good! Time to shut em down. If you want to play ball by your own rules then move south and experience the wonderful prices the US Diaries are getting for their milk. (ie nothing) Otherwise get in line like the rest of us and milk your cows when you get the quota. |
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NO it is not about protecting the public's health it is about the dairy board trying to control the products from cows and then fix the pricing like our over priced pasteurized products on the shelf. My parents both grew up on raw milk as that was all that was available then. They in in their late 80's and good and healthy so "food scientists and health experts "are way out of line here. AND one can get sick on today's dairy products as equipment needs more sanitizing than yester year. The choice should be up to the consumer if they would rather have raw milk at least it will have natural vitamins in it!!!!! |
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All my family drank raw milk for years and we were never sick. My grandfather loved his milk and lived to 100 years old which he attributed to using raw milk. The secret is to keep healthy cows and cool the milk well and quickly after it is produced.Cleanliness! Not too hard. Once again big corporations and bureacracy wants to control the average citizen. Shame on them.The healthiest people are the farmers that drink their own milk and never do they ruin it by boiling. Raw milk outlasts pasturized 2 to 1 in the fridge.Try it. I know as we did tests. |
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Good for that farmer...hope he wins his case. There's nothing wrong with raw milk, better than the milk we get in stores, with all the "vitamins" added..Raw milk goes bad in a few days, store bought milk is good for what 3 weeks to a month..Now you can't tell me that all those preservatives are good for you. This is just another way for the government to control us.. Have you not noticed how our healthy government approved foods have made our children allergic to just about everything, the cancer rate is going up more than ever.. |
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The public health is more important than making sure a very "fringe" audience gets to have their hippie milk. Seriously people. Milk is pasturized for a reason - so people don't get sick, and/or die. And if kids are especially vulnerable to ecoli bacteria - then it seems especially imoprtant that we protect them from this product! |
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This is an exciting day! We should all have the freedom to consume any food we choose. Canadians should have the option of choosing raw or pasteurized milk! |
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I know of several ( myself & daughter included ) who have allergic reactions to storebought dairy, but are fine with raw dairy. My ND says that it's most likely because the natural enzymes ( which are destroyed by heat) are still present in the raw milk. Also the farm that we get it from is exceptionally clean & the cows are raised holistically & uncrowded with lots of clean pasture & air! |
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I am a share owner in Home On The Range dairy farm and love the milk that Alice and Bert are delivering to me and my fiancee. Congratulations to Michael Schmidt. He is not only defending our right to drink raw milk, but more importantly he is defending our right to choose what we eat. |
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Re:Rich's comments. Play by our own rules? I think that this court ruling has proved that the raw milk dairy has been playing by the rules all along. They had to fight to keep their rights, of which is a disturbing trend. We should be protected by the government from big corp. In this case, the dairy foundation. What's next, banning home farms? You are entitled to your own opinions, but not your own facts. It is legal to consume raw milk. It is legal to obtain it in a co-op where you are informed of the risks. Those are the facts. |
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Raw milk, yogurt, cheeses and butter have been produced since we started domesticating animals. These are what helped our population to grow healthy and strong. Pasteurization is about distribution and Quota not health. How else do you get milk into the ever expanding cities? It was a good way to feed the cities. No one on the farm pasteurized their milk nor did they die. Louis Pasteur studied bacteria he did not fear or demonize it, as we do all to often today. He wanted doctors to wash their hands between patients.(good idea) I want to control what I eat. Keep the government out of the bedroom and out of the kitchen. |
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I don't know why people get so upset about raw milk. It is our choice for something better and healthier. Have you ever tasted raw milk? There is no better milk out there and so beneficial to your health. I'm so happy that my children get to grow up with REAL milk and REAL food. To all those people that are getting all angry about raw milk, just don't drink it. Nobody is forcing you to drink it. I say freedom of choice! By the way, if you want to drink raw milk, the cow has to be healthy and clean. Where as with pasturized milk the cows can be in bad shape and really sick and the milk can contain lots of bad bacteria, because it gets boiled away anyway. So many farms keep their animals in horrible conditions. |
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I am a shareholder with Home on the Range. Generally, people who drink raw milk have done a lot of research into the differences and have made an informed decision. I find the comments of uninformed people saying it should be banned and the like, totally ignorant. Also, this isn't just about raw vs. pasteurized milk, but our right to choose what we put into our own bodies. |
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What a fantastic decision - I was up early to find out the outcome of the trial and I am thrilled. Raw Milk is an educated choice by educated people. It will bring back the age of the small farm and introduce a natural product back into Canada which is a shift that has been growing in intensity. This is a major victory for Raw Milk drinkers whose rights are being recognized. I don't need the government to fund futile food wars with my tax dollars without my permission. The Health Authorities should drop all charges against Alice and Home on the Range and take a page from Ontario's book to allow our cow-share program to continue as we are all adults who are well and able to make our own decisions. |
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Raw Milk is a local product whereas pasteurized milk comes from a variety of sources around Canada. Drink Raw Milk and you not only reap the benefits but you also lower your ecological footprint. |
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Am I at age 63 not allowed to eat what I want ? Is it necessary to legislate what I eat. This is not heroin it's MILK ! What happened to "true North strong and FREE". Getting less free all the time. |
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Freedom without an option to choose the food you want your family to eat is not freedom. In our free country I started to feel oppressed, just like when I was growing up in the communist regime! I hope that the judge deciding the case in BC will be very aware of how his/her judgment will affect our freedom. I wish you all - Happy Raw Milk Sipping! |
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My cultural heritage is deeply rooted in the use and production of raw dairy foods, and as such, they are extremely important to me. Raw dairy foods - which I use on a daily basis - are irreplaceable and are of traditional cultural importance to me. The pasteurized substitutes of many raw milk products simply will not produce the desired heritage-method results of dairy food preparation I employ at home. The lack of freedom to use raw dairy in Canada has jeopardized the integrity of my cultural traditions. |
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Raw milk should really just be called 'milk.' Pasteurized milk should really have the extra name attached to it, and thus the stigma. The fact is that 'modern' dairy today comes from cows fed as cheap as possible (corn, soy, grain) which results in a highly acidic animal prone to disease. Keep in mind, cancer and other mutated cells thrive in acidic environments. But it is still much cheaper to jam these modern cows with medicine and hormones to keep them alive. Thus, an unhealthy 'modern' cow produces unhealthy milk (at times revealing blood and puss) which of course would require pasteurization. However, a natural, grass fed raised cow is healthy, requires no hormones or antibiotics (like the modern cows do) and thus the milk is pure and full of minerals and enzymes. These minerals and enzymes are lost in pasteurization processes encouraged by govt officials that perhaps could learn more on the subject. There's really no surprise then why so many people today are lactose intolerant because of drinking the junk served in our local grocery stores! And finally, if raw milk is so dangerous, ask yourselves what our grandparents, and great grandparents drank...and then go about another 1200 years and ask those folks as well. And if you don't want to consume raw dairy, perhaps keep eating your own modern, denatured foods and leave the rest of us in peace. It is a free country, yes?? |
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Legal or not legal, I personally would like to see every Health Authority keep their hands off of my cow share. I will inspect the herd and do my research and deem it safe or not, if it is unsafe, then I will bring up my concerns, or cash in my share and go to a better co-op. These Health Authorities have not proven themselves upright or fair or by the book; why would I trust them, the same ones that deliberately by accident fudged the raw milk testing, near my cows with sharp and pointless? Please, I am no where near that naive. Dig in, cow-share-holders, this is not over yet. The tactics are about to change. If the monsters can't win in court, they will get nasty. May there be Virtue and not war. |
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Any scholar worth his weight in salt will know that Louis Pasteur was a self-admitted fraud and plagiarist. The working mind of the time was not Pasteur, like so many un-educated schools would have you believe; he was hand-picked by commercial interests much like massaged statistics are today. The real genius of the time was Monsieur Antoine Bechamp. Let me say his name again so you will see it, Monsieur Antoine Bechamp. In his book, The Blood and Its Fifth Element, he states what we are discovering over and over again; "If the host is well cared for, no disease can overcome it." From his works Pasteur took his "theory." Stole is more accurate a term, only to recant on his deathbed. Why did Pasteur recant? Because he knew that he doomed countless innocents to useless and dangerous vaccinations for profit! |
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My main concern here, is that next time Fraser Health is gonna be ceasing our gardens claiming health risks in eating our own planted tomatoes. So be aware!!!And yes, I drink raw milk and I love it!! as well as my grandma who is 96 yrs old, so far not even a burp ;) |
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Personally I don’t drink milk because I dont like the taste, but I LOVE Cheese and I think we can all agree that natural cheese tasted a lot better and is better for you than the processed cheese slices |
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The reason that milk must be pasteurised before sale is to prevent salmonella, a potentially deadly desease. You can drink raw milk if you like, but you cannot sell it. end of story. This is a non-story, move on. as for those who fear the health authority and see a conspiracy with every vacination: grow up and sober up. |
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Fringe clients and hippy milk?? Ok, instead of getting angry and ranting at the person who wrote this, lets just say that whoever this person is requires further information on a). the type of people consuming raw milk, and b). raw milk in general! First off, raw milk consumers (today) include bankers, doctors, lawyers, and other people in society who are educated. TODAY people who are INFORMED, who have read and studied the facts are happy and intelligent consumers of raw milk. Oh and guess what?? They aren't gobbling lactose intolerance pills like the rest of society. You say the milk must be pasteurized. Well then, what did your grandmother and great grandmother drink? Mine drank straight from her farm to table and guess what, she lived to 102. That's way back when... when we as a people didnt live in a medicated and drugged society!! Think People, THINK!! Study the issues. Do your research. The only milk requiring pasteurization is milk coming from these sadly modern day cows today that are jammed with medicine, hormones, and fed a cheap diet. Naturally, grass fed cows produce a pure, healthy milk. Btw, if you don't agree, just don't buy it. Go to your grocer and continue on with your current dairy choices. Got Lactose intolerance!? It's a free country, I think. Now go hippy hunting somewhere else, please. |
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Our family was a share holder at Home on the Range and we have enjoyed our 2 gallons of REAL MILK every week. Our kids loved not only the milk, but the yogurt, kefir and butter that I made from the milk. Alice and Bert are doing such a great job and we are thankful for the opportunity that they made it possible for us to experience having real dairy...it brought back all the childhood memories of my grandparents' dairy farm - we had nothing but raw dairy when growing up! I swear that my grandma lived to 96 because she never one day missed drinking her at least half a liter real milk.Three weeks ago we moved to California, where I was shocked and delighted to see raw organic milk in the stores. Furthermore, now we are buying our raw milk from our farmer's market. What's the big deal, Canada??? If people in the States don't get sick from it, why would Canadians? I just don't get it. |
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Being raised on raised on raw milk in the 40's I know the tremendous benefits which are not found in 'dead' pasteurized milk which I have never consumed for health reasons! As for germs and 'dangerous' microbes this is grossly overstated, as I am far more concerned about drug and hormone contaminated 'dead' milk products. To sum it all up, in all my 70 years germs, etc have never been a health concern since I have been taught how to prevent any of these from ever affecting my health in a most simple way which germ focussed health authorities do not recognize to this day. I can also add a certain supplement to raw milk which destroys all anaerobic microbes, so what's the fuss about wonderful raw milk? John Brouwer |
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