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purchased from HFD on August 30 tested posi- both specific and general deterrence are in play. The punishment imposed
tive for campylobacter. This was the only milk must serve as notice to others that similar actions will not be tolerated and
tested from which Trent was unable to get a split will attract meaningful punishment. To do otherwise threatens the integrity
sample. Given the various possible ways it could of the court’s process.”
have been contaminated, this sample would not The judge also commented, “The contemptuous breach of the order
have held up as evidence in a court of law. There accordingly involves an issue of public health and safety and this too is an
was never any link established between the milk aggravating factor.” Yet at the contempt trial Schmidt was not permitted to
from the dairy and the campylobacter infection bring up the issue of raw milk and the public health. Following the sentence,
suffered by those who became ill. Schmidt sent a letter to his shareholders, friends and supporters. In his let-
The suspension hurt HFD tremendously. ter Schmidt pointed out that “man-made law is no law if it disrespects the
Retail sales at the dairy were down by at least fundamental rights and freedoms of individuals which are deeply rooted
20 percent compared to sales levels before the in the Canadian Charter of Rights and the Bill of Rights.”
suspension. At the present time, Trent has not Schmidt said he did not “accept” Boswell’s ruling because he believes
yet decided whether to sue PDA for the damage that the York Region cooperated with the Ministry of Natural Resources to
done to the farm’s reputation and business. use the contempt trial in order to deny him a fair hearing and due process
in his upcoming trial on twenty violations of the Ontario Health Promotion
ONTARIO, CANADA: MICHAEL SCHMIDT Protection Act and the Ontario Milk Act. The charges were brought by the
On October 20, 2008, Justice R. Cary Bo- Ontario Ministry of Natural Resources and the Grey-Bruce Health Unit.
swell of the Newmarket Superior Court found The trial is scheduled to begin on January 26, 2009.
Michael Schmidt guilty of contempt for failing As for what the $55,000 judgment means to the farm, Schmidt gave the
to obey a court order to stop “selling” raw milk following comparisons, stating that the sum was equivalent to the cost of
in the York Regional Municipality. The court had “27,500 litres of raw milk. . . the cost of 22 acres which can feed about 50
characterized Schmidt’s distribution of raw milk families. . . 10 years of net income (if you’re lucky) in farming. . . 25,000
to his shareholders in the cow share program he hours of farm work in Canada.” Schmidt told Bayshore Broadcasting News
operates as a “sale” [see the Fall 2008 issue of that he would not pay the fine and court costs.
Wise Traditions for background]. Boswell said In fighting for his right to distribute raw milk to his shareholders,
that the case was about whether Schmidt had Schmidt has become outspoken in his criticism of Ontario’s dairy estab-
defied a court ruling, not whether consumers had lishment. He has called for the scrapping of the province’s Milk Marketing
the right to drink raw milk. The judge indicated Board, saying that it failed its legislative mandate to protect small-scale
that the farmer had convicted himself with media farming. He has expressed his intent to pursue legal action against Dairy
comments that he was still “selling” raw milk. Farmers of Ontario (DFO), the organization that regulates the supply of
Schmidt asked the judge to impose “the high- milk. According to Schmidt, DFO has stone-walled his request on looking
est penalty you can find.” The farmer stated, “It’s into how raw milk could be sold in the province, violating its mandate to
not the milk here, it’s the principle that people carry out research for “policy development and formation.” (Sources: The
need to make the decision of what to put in their Toronto Star – HealthZone 10/20/08 & Canadian Press 11/18/08. For more
bodies. When government tells them what to eat details on Schmidt’s case go to www.thebovine.wordpress.com.)
and not eat, that’s a very sacred thing.”
Crown prosecutor Dan Kuzmyk suggested For the latest developments on the cases covered in this update, go to www.
the court fine Schmidt $5000 and assess him thecompletepatient.com. Those who have not joined the Farm-to-Consumer
$53,000 for legal bills run up by the York Region. Legal Defense Fund are encouraged to do so. Membership applications
Kuzmyk said that he was unwilling to let Schmidt are available online at www.farmtoconsumer.org or by calling (703) 208-
become a martyr and “throw himself on the sword FARM (3276); the mailing address is 8116 Arlington Blvd, Suite 263, Falls
of the York Region.” Church, VA 22042.
On December 2 Justice Boswell served
Schmidt a written notification of sentence.
Boswell gave Kuzmyk what he wanted, fining
the farmer $5000 and assessing him $50,000 in
court costs. In making his ruling, Boswell stated,
“The primary purpose of punishment in contempt
proceedings is deterrence. In this case, issues of

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