TORONTO – The lawyer for raw milk crusader Michael Schmidt has filed court documents to begin an appeal in his case.
Karen Selick filed a notice of motion for leave to appeal on Monday.
Schmidt was fined $9,150 and sentenced to one year of probation last month on convictions related to selling and distributing unpasteurized milk.
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The motion filed with the Court of Appeal for Ontario argues that the judge erred in overturning Schmidt’s previous acquittal.
The raw milk charges were laid in 2006 after a raid on Schmidt’s farm near Durham, Ont., and he was acquitted in a lower court last year.
Justice Peter Tetley overturned 15 of those 19 acquittals in September after the Crown appealed.
Following his sentencing last month in a Newmarket, Ont., courtroom, Schmidt said he would not be paying the fine and planned to appeal.
“I’d rather go to prison than pay the fine and that’s a matter of principle,” he said.
The Health Protection and Promotion Act makes it illegal to sell unpasteurized milk in Canada because it’s considered a health hazard. It is, however, legal to drink raw milk.
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