The defendant has been called everything from the hero of the organic food movement to the inspiration for the first international conference on raw milk. But, as he returned to an Ontario courtroom this week to his other role as the focus of a decade-long court battle over the legality of peddling raw milk, Michael Schmidt remained, in his dress and composure, a simple dairy farmer.
Wearing the same black jeans, black vest and simple, beige, button-up shirt he had worn the day before, the 54-year-old Durham region dairy farmer sat waiting for his chance to speak in his own defence. As he acted as his own lawyer in the face of nearly 20 criminal charges for the sale and distribution of unpasteurized milk, a plastic milk crate of court documents sat on the floor next to him.
After calling himself as a witness, he stood to read a prepared statement and answer questions from Ministry of Natural Resources lawyers into the specifics of a "cow share" co-operative he contends makes legal his distribution of raw milk to a select group of members.
During his nearly 90-minute appearance, much anticipated in the German immigrant's long-running legal battle, Justice Paul Kowarsky reminded the defendant he was allowed to sit down while he addressed the court. The amicable milkman declined, saying simply, "I love to stand."
His choice of words sparked a momentary buzz through the tiny Newmarket courtroom, filled primarily with supporters, raw milk advocates and members of the contentious co-op program who have come to see the soft-spoken farmer as a hero and even a martyr, standing up for those who seek to drink legally unpasteurized milk.
For something that takes so little to prepare, raw or unpasteurized milk has caused a mighty stir throughout Ontario and the country recently, all of which seemed to come to a head this week as Mr. Schmidt's case unrolled in the courtroom, with a raw milk symposium set to take place in downtown Toronto today.
With the confluence of this pivotal trial and the academic symposium, it is fitting to ask whether this is the epicentre of a national movement or just a gathering of a small band of advocates on the fringe, and alternately, whether Mr. Schmidt is some kind of organic superhero, as his supporters contend, or just a farmer trying to peddle his product.
In countries around the world, including Mr. Schmidt's native Germany, unpasteurized milk is available in stores and the focus of very little debate. In Canada and parts of the United States, however, officials have deemed untreated milk a health concern that could contain deadly bacteria capable of spreading salmonella, listeria and E. coli. Ontario's Health Protection and Promotion Act makes it illegal to "sell, offer for sale, deliver or distribute milk or cream that has not been pasteurized or sterilized," although it is not illegal to drink it.
Advocates, none more visible than Mr. Schmidt, have long contended that pasteurization decreases the taste and health benefits of milk, and seek legal changes to allow people a personal choice.
