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babusyatanya ([personal profile] babusyatanya) wrote2011-01-20 02:20 pm

соглашение о молоке: Raw milk food rights advocates in B.C. set to launch constitutional challenge

Алиса согласилась не подавать апелляцию на решение суда о запрещении упаковывать и доставлять сырое молоко владельцам коров, а облздравотдел (fraser health authority) согласились не требовать уплаты судебных издержек.

наши следующие шаги в отстаивании нашей свободы выбора еды: обращение в конституционный суд относительно поведения проверки конституционности факта вмешательства облздравотдела британской колумбии и других отдельных провинций в свободу выбора между употреблением ли в пищу коровьего молока прошедшего промышленный цикл обработки или свежего цельного коровьего молока.



Constitutional battle about fresh milk; the next front in the constitutional battle for food rights opens in B.C.

Some time today, papers will be filed in a B.C. court to challenge the constitutionality of current laws and regulations pertaining to the right of non farmers to access fresh unprocessed milk.

The ongoing legal wrangling between Fraser Health and Alice Jongerden resulted recently In a court ruling convicting her for contempt of Court. She founded and operated the Home- on the-Range cow share farm in Chilliwack with over 400 cow share members.

In order to prevent jail and heavy fines she turned over the entire BC cow share operation to Michael Schmidt, who successfully beat the same charges in Ontario January 2010. Since the Michael Schmidt operates and manages the 400 cow share member farm under the name “Our Cows”. Because of the existing laws Our Cows is only producing cosmetics for it’s share members.

This new application to review the constitutionality of the existing laws pertaining to the right of consumers to choose between farm fresh milk or processed milk is a response to the Governments crack down on cow share operations in B.C.

Alice Jongerden represented by her lawyer Jason Gratl and backed by 400 cow share members out of her former Home-on-the-Range cow share operation decided to go a similar route as the Ontario Cow Share case.

The province of Ontario, in the meantime, is appealing the courts decision (acquitting Michael Schmidt on all charges in January 2010) frantically trying to prevent the further spread of the cow share movement.

The laws regulating milk are under provincial jurisdiction therefore another constitutional application had to be filed.

Alberta is another Province trying aggressively to proscecute farmers who are running cow share operations.

Michael Schmidt is predicting that Alberta will be next on the list to face constitutional challenges by detemined consumers defending their constitutional right to life, liberty and security of the person.

In the meantime Cow Share Canada continues to push for proper production guidelines and an accreditation process for cow share operations in Canada.

Michael Schmidt says:

At some point the constructive dialogue with the Government has to begin.

We are creating an alternative approach to the corporate food control system.

The message has been clear for many years: People demand to have the freedom to make fundamental decisions about their health. The issue won’t go away.


the documents Alice filed today. >

> Constitutional Battle For Fresh Milk Expands To BC

>> January 19, 2011

>

> Fresh Milk advocate Alice Jongerden filed an application today in the New

> Westminster courthouse in British Columbia to challenge the

> constitutionality of the prohibition against the production and

> distribution of Fresh Milk.

>

> Alice Jongerden, the founder and former operator of a 450-member Fresh

> Milk cowshare in Chilliwack, BC, has been under attack by the Fraser

> Health Authority since 2009. In March 2010, the Health Authority obtained

> an order preventing Ms. Jongerden from distributing Fresh Milk for human

> consumption. In December 2010, Ms. Jongerden was cited for contempt for

> breaching the March 18, 2010 order, although no penalty was imposed. She

> has since ceased operations.

>

> Ms. Jongerdens is now applying to set aside the March 18, 2010 order on

> the basis that the order is founded on a constitutionally invalid law.

> She says that she and the other members of Home on the Range have a

> constitutional right to make nutritional choices. If the March 18 order

> is set aside, she will resume operations at Home on the Range.

>

> "Fresh Milk is a nutritional choice about what I want to put into my own

> body. It's a long-term health choice to choose fresh milk over industrial

> processed milk", said Ms. Jongerdens. "Laws that prevent Canadians from

> choosing healthy food and inflate the cost of healthy food are making us

> sick."

>

> Ms. Jongerden's constitutional challenge joins the Ontario challenge

> spearheaded by Ontario dairy farmer Michael Schmidt, whose successful

> defence of Fresh Milk charges is under government appeal before the

> Ontario Court of Appeal. Mr. Schmidt now manages the Chilliwack cowshare

> where milk is produced and distributed as a cosmetic product, something

> the Health Authority assumes is a guise to allow determined Fresh Milk

> drinkers to circumvent Provincial regulations.

>

> "Fresh Milk is a healthy choice," said Mr. Schmidt. "Canada is the only

> G8 country that bows completely to the processed milk lobby. Canadians

> need the right to choose fresh wholesome food over processed food."

>

> Jason Gratl of Gratl & Company is counsel for Ms. Jongerden for her

> constitutional challenge.

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