Supreme Court of Canada won’t hear appeal from raw milk crusader Michael Schmidt

Aug 14, 2014

The country’s top court says it will not hear an appeal from Michael Schmidt, a Durham-area Ontario farmer who has long advocated for the right to sell raw (unpasteurized) milk.

Schmidt has been battling the courts since 2011. Losing the bid to have his case heard at the Supreme Court of Canada puts to rest any hope that he had to continue his “cow-share” program legally. If he had been granted an oral hearing, Schmidt was going to argue to have the provincial ruling overturned on the grounds that it violated his Charter rights.

In Ontario, it’s illegal to sell or distribute raw milk, but it’s not against the law for farmers to drink it. Schmidt tried to get around the rule by selling shares of his dairy cows. Willing consumers would buy shares in Schmidt’s cows ($300 for a quarter to $1200 for a full share) in return for raw milk. He had a 24-cow milking herd, made-up of Canadienne cows (a rare dairy breed), with about 150 people paying into the scheme.

In 2006, Schmidt’s farm was raided by authorities. He was later convicted in 2011 of violating the Health Protection, Promotion Act and the Milk Act and fined $9,150. Earlier this year, the Ontario Court of Appeal upheld its 2011 ruling, noting that the cow-share program was a tactic to skirt the law. Additionally, health officials maintain that unpasteurized milk poses a health risk, while Schmidt’s supporters insist that raw milk offers health benefits.

As is common with the courts, there was no reason provided for the refusal to hear Schmidt’s case.

Video: How farmers are protecting the soil and our food security | DW Documentary

For a long time, soil was all but ignored. But for years, the valuable humus layer has been thinning. Farmers in Brandenburg are clearly feeling the effects of this on their sandy fields. Many are now taking steps to prepare their farms for the future.

Years of drought, record rainfall and failed harvests: we are becoming increasingly aware of how sensitively our environment reacts to extreme weather conditions. Farmers' livelihoods are at stake. So is the ability of consumers to afford food.

For a few years now, agriculture that focuses solely on maximum yields has been regarded with increasing skepticism. It is becoming more and more clear just how dependent we are on healthy soils.

Brandenburg is the federal state with the worst soil quality in Germany. The already thin, fertile humus layer has been shrinking for decades. Researchers and farmers who are keen to experiment are combating these developments and looking for solutions. Priority is being given to building up the humus layer, which consists of microorganisms and fungi, as well as springtails, small worms and centipedes.

For Lena and Philipp Adler, two young vegetable farmers, the tiny soil creatures are invaluable helpers. On their three-hectare organic farm, they rely on simple, mechanical weed control, fallow areas where the soil can recover, and diversity. Conventional farmer Mark Dümichen also does everything he can to protect soil life on his land. For years, he has not tilled the soil after the harvest and sows directly into the field. His yields have stabilized since he began to work this way.

Isabella Krause from Regionalwert AG Berlin-Brandenburg is convinced after the experiences of the last hot summers that new crops will thrive on Brandenburg's fields in the long term. She has founded a network of farmers who are promoting the cultivation of chickpeas with support from the scientific community.