While it is illegal to sell raw milk in Canada, he and many others involved in cow share programs across the country argue that it is not illegal for those who own cows to consume the milk from their own animals. Near Durham, Ontario, Michael Schmidt, a 53 year-old farmer who has been providing raw milk to people through a similar shareholder system, had milk, equipment and animals seized from his farm by armed police officers in November 2006. He was charged with contempt of court for refusing to obey an order to stop selling raw milk and he is now putting forward a constitutional challenge, which should be heard in court in August 2009. Schmidt says forbidding people from selling and receiving raw milk violates the Charter of Rights and Freedoms.
Whether to buy and consume raw milk or not should be a choice all Canadians can make, say activists and some feel that Schmidt's challenge may eventually turn the law around.