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benefits of raw milk. They further believe that as a matter of conscience they and their families need to consume raw
milk because doing so protects their health.”
The case boils down to a battle of dueling experts over the safety and risks of raw milk consumption. Thanks to
affidavits from microbiologist Peg Coleman and Dr. Nadine Ijaz, the record in the litigation establishes more strongly
than ever that the Canadian raw milk ban is not about public health but rather about protecting the market share
of the country’s powerful dairy cartel. Their testimony shows how the science on raw milk safety and benefits has
strengthened considerably in recent years.
The applicants’ attorney, Queen’s counsel Ian Blue, points out in a court filing that calling raw milk a public health
risk:
• Ignores the fact that raw milk has unique health benefits not possessed by pasteurized milk;
• Is based on outdated and incomplete pathogen prevalence and outbreak reports;
• Misses the fact that over the last twenty-six years, the legalization of the sale of raw milk (in the U.S. and
elsewhere) has significantly increased while outbreaks of illnesses from raw milk have significantly decreased;
• Ignores the fact that in the Western world illnesses from raw milk are a de minimis food safety and public
health issue;
• Ignores the role of openness, scrutiny and food safety management programs in minimizing the health risk
of raw milk; and
• Ignores the fact that almost everywhere else and in the Western world, the sale and distribution of raw milk
is legal.
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. Controlling for growth in population and consumption,
the outbreak rate has effectively decreased by 74 percent since 2005” (the study looked at outbreaks from 2005 to
2018). The government has not been able to discredit the study during the litigation.
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 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. 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, such as leafy green vegetables, ground beef hamburger and
home-cooked chicken.”
The government has moved to exclude evidence provided by Coleman and Ijaz, among others, on the grounds
that they are biased in favor of raw milk. In commenting on the motion in a court document, Blue observed that “the
lawyer’s law is sometimes phrased as when the facts are against you, argue the law. When the law is against you, ar-
gue the facts. 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.
Blue, a litigator with fifty years’ experience in the courts, has estimated that there are around thirty thousand
pages of documents in the case. The dairy cartel has a strong influence in the country, but with a fair-minded judge,
this is a winnable case. Kudos to Ian Blue and his law firm of Gardiner Roberts LLP for providing representation for
applicants at a substantial discount.

FRANCE EASES RAW MILK RESTRICTIONS DURING PANDEMIC
The country’s Ministry of Agriculture has temporarily adopted measures making it easier for producers to market
their unpasteurized, raw milk for direct sale. Now sale of raw milk directly to the consumer can happen by completing
an online declaration. Normally, the cow, goat or sheep milk producer must request authorization from authorities to
be able to sell raw milk and then be subject to an inspection. At the end of the coronavirus crisis, the producers will
have to apply if they wish to keep this status.
Two dairy groups had sent an assessment of the difficulties faced by producers to the Ministry of Agriculture and
asked for regulatory adaptations to deal with the Covid-19 crisis.
Producers must ensure a good state of health for the animals involved in the milk production and that they are
free from brucellosis and tuberculosis if they wish to sell from the farm. They must use drinking water for cleaning and
disinfecting equipment in contact with raw milk. Weekly volume limits have been suspended during the emergency
period.

SUMMER 2020 Wise Traditions 101