Consumers in California and Washington are risking their lives, according to Canada’s Food and Drug Act. With raw milk readily available on store shelves, it’s a wonder Americans aren’t writhing in the streets, stricken with E. coli, listeria, salmonella, and other nasties.

Raw milk that has not been pasteurized is not permitted for sale in Canada, yet 29 American states allow its sale in some form. And, given a recent victory, Canada may eventually follow suit.

Michael Schmidt of Glencolton Farms in Ontario offers a “cow share” co-operative, with about 150 subscribers paying a membership fee of $300 for partial ownership in one of the farm’s 30 cows. Schmidt then provides milk from these cows to co-op members with a $3-per-liter fee to cover the cost of raising and milking the animals.

According to Ontario’s Health Protection and Promotion Act, it is illegal to “sell, offer for sale, deliver or distribute milk or cream that has not been pasteurized or sterilized.” However, consumption of raw milk is legal. Following three years of disobeying court orders to make him stop providing raw milk to his co-op members, Schmidt was arrested by provincial authorities in summer 2009. He faced nineteen charges, including the distribution of raw milk; if found guilty, he could be dealt a $50,000 fine and imprisonment.

Raw milk advocates rallied, with the U.S. and Canadian Alliances for Raw Milk (ARMs) announcing their formation on January 10. Provincial and state ARMs emerged across the continent, defending Schmidt and the right for consumers to access the food they want.

Some 250 raw milk enthusiasts showed up in court on January 21 to hear the decision, which found Schmidt “not guilty” of all charges.

Schmidt won his lengthy trial by successfully arguing that members of his “cow share” co-op were aware of the health risks of consuming the raw milk they receive from “their” cow. Justice of the Peace Paul Kowarsky ultimately concluded that Mr. Schmidt had “done everything reasonably possible to … [remain] within the confines and the spirit of the legislation.”

While celebratory press releases, blogs, and emails have been circulating since, Schmidt’s victory is only temporary. The case was heard at a lower level of the justice system. Furthermore, the decision was not in support of raw milk (or of any human rights issues, or of commonsense) but simply on the narrow grounds that Schmidt had been careful to construct his cow share program so that it was not caught by Ontario’s legislation.

The Ontario government now has four options: it could enact new legislation specifically outlawing cow-sharing or even the consumption of raw milk. It could appeal this decision. It could let the ruling stand and accept cow-share arrangements. Or, it could take Schmidt up on his long-standing offer to work amicably toward a regulatory system that offers consumers the choice of safe raw milk, like is currently being done in Michigan.

In a Globe and Mail article, Schimdt said he expects his case will escalate into a constitutional challenge.

Meanwhile, Chilliwack farmer Alice Jongerden will begin to fight a court injunction against her raw milk co-op in B.C. Supreme Court on February 2.

“Forming local state, federal and international alliances of concerned individuals is of utmost importance. Blinded by wealth, comfort and convenience we are in grave danger of unconsciously consenting to the takeover of our well being by Government. This battle about raw milk is a battle about food freedom and our individual rights. This is not an isolated battle, this is a global issue beyond our imagination.”
- Michael Schmidt, biodynamic dairy farmer and teacher, co-director of the Canadian ARM

To read Justice of the Peace Paul Kowarsky’s full decision in Michael Schmidt’s case, click here.