Raw Milk Bust: Michael Schmidt's Opening Court Statement

Thanks to The Bovine for bringing us yesterday’s courageous opening statement of Michael Schmidt, on trial for offering cow herdshares and raw milk in Ontario. He was busted by over 20 armed police not long ago. The Bovine blog reports soley on the Michael Schmidt saga.

It is an honor to be here. It is an honor to be here because I feel that I am standing here to defend provincial offences charges, which many can face, given the nature of our current acceptance of Government’s role and assumed responsibility, but also because of our own lack of understanding of our individual rights. What we are dealing with here, is so fundamental for our future, for the future of our individual rights and for society at large.

The core issue at stake here is not really about milk. Anybody can drink milk in Canada; there is no regulation, either federal or provincial, that in fact has outlawed the drinking of raw milk. No, the issue here is about something other than milk, something much more important than milk. The issue in front of this court deals with the most fundamental elements of our human nature.

It touches the core values of our God-given rights, our rights as spelled out in the United Nations Declaration of Human Rights, our rights as spelled out in the Canadian Bill of Rights, and our rights and freedoms protected by our own Constitution.

These rights are not only endangered by government or bureaucracy; they are endangered because we ourselves are afraid to set boundaries. And we don’t set boundaries because we don’t know our rights. We assume too easily that government, bureaucrats and law enforcement know and respect our rights. It is a known fact as well that, with apparent ignorance, democratically-elected governments pass laws that, in effect, limit the liberties of everyone without giving due respect to the reality of our individual unalienable rights.

This case before us here, Your Honor, is straight forward.

The MNR staged a well-orchestrated undercover operation within days after discovering a Blue Bus on a parking lot in York Region. York Region has not followed normal investigative procedures. The Ministry of Natural Resources, the Ministry of Agriculture and Food, and apparently the Ministry of Health and local Health Units are all  involved within one day. None of those involved have followed the procedural route as spelled out in the applicable acts,but, instead, developed a highly sophisticated undercover operation to investigate the suspect. Finally, on November 21, 2006 after months of surveillance, over 20 armed agents raid the farm to take down a cow share operation that, in the opinion, of the defense, has been operating lawfully for over 10 years. 

It is, Your Honor, a humiliating experience when a farm, a house gets raided in this way. 

This was not about drugs.

This was not about an outbreak of illnesses affecting the public.

There were no dead bodies, no one was dying, and no one was even ill.

No, this is only about milk not under the control of the Dairy Farmers of Ontario. 

It is about individual people connecting with a farmer, connecting with a farm, becoming cow share owners, getting involved in the working of a farm, and consequently receiving their products as nourishment. 

But, again, not under the controlling power of the Dairy Farmers of Ontario.

There is no magic or mystery here.

The defense will show the failure of the Crown to apply the laws in the context of fundamental principles, based on the Canadian Charter of Rights and Freedom, based on the Canadian Bill of Rights and as reflected in the United Nations Declaration of Human Rights.

The defense will show the Crown’s failure to differentiate between its duty to protect the public and its duty to respect our individual freedom, anchored in the fundamental premise that there is no one greater than our creator. This premise provides that we, as individuals, have the capacity to decide to act either as a Subject or as a Sovereign.

There are rules of engagement that are part of the conduct one must expect from those, who are in positions of authority. The abuse of process, the abuse of power and the abuse of office by those, who wanted to take down this cow share operation in itself demonstrates, that respect for individual freedom has been lost or willfully ignored.

Your Honor, each side will present so-called expert witnesses.  I have tried unsuccessfully for many years, to bring an understanding to this issue, so that those who want to protect the health of the public might breathe easier. There is a way to look at nature and food other than concluding that it will kill us, unless we process it to death, which is the prevailing scientific attitude for decades now. 

Have they mastered the threat of food poisoning?

Have they eradicated pathogens?

Can they guaranty the safety of our food supply? 

How can they have standing in this court, if they are unable to provide safe food from Government inspected facilities.

Let me show you this farm. Like thousands of other farms in North America, it has been built on the knowledge that unadulterated food gives those, who eat it, strength and health. Over 150 years ago, our pioneers settled this land and lived off the fruit of their labor, including this wholesome milk. It gave them strength; and it gave them health to built what we now know as Canada. For thousands of years, and still today, raw milk is part of mankind’s diet. 

The so-called Crown’s side, which represents corporate, bureaucratic and government interests, will throw scientific data at us like the US threw bombs when they invaded Iraq. The Crown can prove anything they want to with thousands of papers .We will respectfully assume that you, Your Honor, will be burdened with the question as to where the truth lies.  

Therefore in order to come to a decision, matters of credibility, inner integrity and the assessment of the true motivation of each side are key factors. Even so, this coming decision can only be arbitrary, based on who argued the best, had the most money to spend and painted the most convincing picture. This will set the stage for it to be challenged in the future, again and again and again.

Courts cannot settle scientific arguments. Courts have made fateful decisions in the past,  based on arguments of those who ruled or had the financial means and power. This is why, throughout human history, people have been unduly prosecuted, jailed and burned. 

It is a known fact that Canadian laws need to be challenged, as we all evolve. History has shown, that other laws have been overturned in the past, because they were drafted and passed by Parliament, based on the questionable and faulty conclusions of experts and scientists, acting on hidden agendas.

As we begin this journey in this court here together, we need to realize that nothing will solve our current challenges, unless we understand the principles of law in the context of our god-given rights and freedoms. It is we individuals, who are at fault for not knowing our rights and unknowingly giving our fundamental rights and freedoms to those with authority.

Your Worship, I am honored to be standing in front of you.

I am honored to be standing in front of you, along with the thousands of individuals who seek remedies in a court that will uphold our fundamental rights based on the fundamental principles of law.

Thank You 

Michael Schmidt

4 responses to “Raw Milk Bust: Michael Schmidt's Opening Court Statement

  1. Cow share, what a great idea! Wish I could start something like this in Australia but it is illegal to supply raw milk for human consumption so I’m not sure how it would work to have a cow share farm operating here.

    I admire Michael’s courage and fine principles, I wish I could help.

  2. This courtesy from WAPF:
    A member from Australia tells us herdshare is progressing well, but there will be certain states (ie Victoria) where it will be difficult / if not impossible to implement. They are working at alternatives in those areas and there are various listings on the site http://www.realmilkaustralia.com, with appropriate people to contact.

    During the next weeks they are working toward setting up local blogs for
    people setting up milk runs/cow shares in different areas, so it is more
    focused on local news around australia.
    They are moving strongly on Legislation changes. This is a really important opportunity for them to take advantage of in terms of legislation.
    Raw milk cheese is also undergoing de-regulation; there is an update on this on the milk site.

    Also see http://rawmilk.com

  3. I was at the trial of Michael Schmidt from Monday to Friday last week and on Wednesday Feb 4, 2009 this week. Transcripts will now be provided by the crown to Michael and the Attourney General within about a month, then they will both be able to give written submissions and then there seems to be a trial date for May 19 and another for June 16, 2009
    The Justice of the Peace said that he can not make a judgement as to the validity of raw milk as he is not an expert, but he will rule on if Michael Schmidt’s constitutional rights were violated. many blessings and thanks for your work from Marianne in Canada http://www.youtube.com/user/rawmilklimwar

  4. The undermining of our rights and freedoms are occuring ….. every day.
    Someone must be trying to qualify their jobs to implement a raid like that. shame on you.
    Is there a Michael Schmidt defense fund?

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