Michael Schmidt, the dairy farmer whose David-and-Goliath battle with the Ontario government has turned him into somewhat of an emerging folk hero, wants to restore liberty to the dairy aisle of your local supermarket. There is, he says, no place for the state in the kitchens of the nation.

Schmidt successfully defended himself last month in an Ontario Court of Justice against 19 charges relating to the sale of milk products, and last week it was announced he’ll be headed back. We highlighted Schmidt’s crusade in January as part of our Legalize Everything issue, and, briefly, it seemed Schmidt’s campaign was moving forward. But as the National Post reports, the government of Ontario has other plans:

The Ontario government will appeal last month’s court ruling that made it legal to distribute raw milk in the province under certain circumstances…The judge had ruled that Mr. Schmidt’s “cow-share” program constituted a legal work-around of the restrictions against selling raw milk. The appeal argues that Justice of the Peace Paul Kowarsky made several legal errors.

The Government of Ontario maintains that raw milk is a health hazard and allowing its sale could have serious consequences. Karen Selick of the Canadian Constitution Foundation, who has aligned herself with Schmidt in his defense, explains that JP Kowarsky’s ruling pertains specifically to Schmidt’s case and meticulous care for his product and “should not be seen as carte blanche for irresponsible yahoos to start peddling unpasteurized milk.”

But the Durham, Ont. farmer insists this is not simply a milk issue, but rather an issue of the rights of an individual to decide what one puts in their body. While last month’s ruling might have given Schmidt some wiggle room, his crusade is far from over.

Mr. Schmidt had argued that if he were found guilty of violating the law, the statutes themselves should be struck down as a violation of his constitutional right to “life, liberty and security of the person.”

In Canada it’s legal to consume raw milk, but the sale and distribution of it is prohibited. This makes access to the product all but impossible for those living outside of rural areas. Schmidt has vowed to take his cause all the way to the Supreme Court if necessary. No date has been set for the province’s appeal yet. We’ll keep an eye on the trial and keep you updated.

Today in our ongoing saga of legalization initiatives, Rosemary Counter talks to Canada’s pre-eminent outlaw milk farmer (not that there are too many of them jostling for the top position), Michael Schmidt. Schmidt believes that Canadians should be able to drink unpasteurized milk if they want to, and that it’s actually better for you; Health Canada says otherwise, and warns consumers that raw milk can be harmful to your health. Let us know where you stand by voting in today’s poll at right.

Here’s Schmidt’s take:

Despite what Schmidt wants you to think, says [Dairy spokesman] Bill Mitchell, this is not a dairy industry issue, it’s a health issue: “A guy from an unlicensed farm selling unpasteurized milk in mason jars he washes by hand is an outbreak waiting to happen.”

For others still, whether raw milk is safe or not, it’s a basic human right for informed consumers to choose what they eat. “People should not think this is a milk issue,” says Schmidt. “It happened to be milk in my case, but the real problem is the government infringing on people’s rights.”

Read the full article here.

Tomorrow: Laura Kusisto on hate speech

Despite numerous guilty verdicts, rogue milk farmer Michael Schmidt will not back down. He will not pay the $55,000 in fines, and he won’t cease selling his illegal product. “It will go to the next level,” he explains in his thick German accent. “Appeal Court, Supreme Court; I might as well go.”

If Schmidt seems unrepentant, it’s because he’s guilty: for years, he’s been distributing raw unpasteurized milk to 200 local families from his small Durham, Ont., farm in a quasi-legal cow-share operation, where customers literally buy the cow and get the milk for free. This violates the 1938 Milk Act, which made the selling of raw milk illegal in Canada (the only G8 country to do so). But with the new popularity of the green and organic movements, publicity and sales “going up a lot,” Schmidt is no longer flying under the radar.

The Ministry of Health immediately released a stern statement following a 2006 raid on Schmidt’s farm: “Make no mistake about it—drinking unpasteurized milk is not good for you.” Raw milk can carry salmonella, E. coli, and listeria, they say, citing 117 cases of enteric illness associated with unpasteurized dairy in Ontario since 2005. Disease-causing bacteria can cause many transmissible diseases, including “mild illnesses, long-lasting serious diseases, and even death.”

But for Schmidt’s customers, raw milk is a superior product being crushed by a monopolizing dairy lobby. They believe pasteurization—the process of blasting milk at 72°C for 15 seconds to kill bacteria—also eliminates healthy antibodies, natural enzymes, and vitamins. Advocates say it’s good for people with lactose intolerance, and can even calm symptoms of attention deficit disorder. Plus, it’s delicious: “It’s richer, sweeter, not so watery,” says Schmidt. “It’s what milk’s supposed to taste like.”

“He’s a great marketer,” says Bill Mitchell, spokesperson for the Dairy Farmers of Ontario. Mitchell has a 20-year history with the farmer, including Schmidt’s claim he was ignored when he offered to work with the dairy industry to produce safe raw milk. Despite what Schmidt wants you to think, says Mitchell, this is not a dairy industry issue, it’s a health issue: “A guy from an unlicensed farm selling unpasteurized milk in mason jars he washes by hand is an outbreak waiting to happen.”

For others still, whether raw milk is safe or not, it’s a basic human right for informed consumers to choose what they eat. “People should not think this is a milk issue,” says Schmidt. “It happened to be milk in my case, but the real problem is the government infringing on people’s rights.” Schmidt filed a challenge under the Canadian Charter of Rights and Freedoms in June.

Somewhere between every Canadian’s right to consumption and absolute prohibition is the only workable solution: an effective system of regulating raw milk (and its defiant producers like Schmidt, who will surely sell it anyway). For informed consumers who know its real risks—not just its lore of benefits—legal raw milk should be nothing to cry over.