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The justice had found that the two pieces of legislation he had been charged under did not apply because Schmidt only gave the milk products to the joint owners of a cow-share and not the public at large.

Schmidt sold $300 memberships to about 150 families for partial shares in 26 cows he keeps at Glencolton Farms, located about 2 1/2 hours northwest of Toronto.

In Canada, it is illegal to market, sell, distribute or deliver unpasteurized milk or cream. Yet it is legal to drink raw milk or to use it to make cheese. Canada is the only G8 country to ban the sale of these products, which some argue has greater health benefits than the available pasteurized milk.

But in Wednesday’s ruling, the court sided with the Ontario government and the local health authority, the Grey-Bruce Health Unit, which had appealed the acquittal arguing that the justice had made critical legal mistakes.

Schmidt’s lawyer, Karen Selick of the Canadian Constitution Foundation, countered the appeal by arguing the prohibition of raw milk products denies raw milk farmers their right to liberty and denies people access to the food they want.

Both constitutional arguments were dismissed in this recent decision.

Selick said her client will appeal the decision.

Postmedia News