Motion to Dismiss “Sheepnapping” Charges Against Montana Jones & Michael Schmidt Nov 18/16

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3 DAYS OF COURTROOM DRAMA IS COMING TO ONTARIO’S DURHAM REGIONAL COURTHOUSE AND YOU ARE INVITED.

A motion to dismiss the 2012 “sheep napping” charges against Montana Jones and Michael Schmidt will be heard from November 21 – 23, 2016. All are welcome and encouraged to attend. In this case, as with many others, lives and freedom are at stake. Having you present accents the importance of the case. Court starts at 10 am sharp. Arrive early!

The Supreme Court of Canada recently established that criminal matters should be heard within 30 months or less. Timely trials are important for accused, victims and society as a whole. It’s easy to imagine witnesses’ memory fading within months or evidence being lost over time. Justice cannot be served when evidence has degraded too much. In this case, many Crown witnesses could not answer questions for lack of memory at the preliminary hearing, over two years after the charges. Montana and Michael will have waited almost four and half years by the end of the anticipated trial in 2017. This is almost two years beyond the 30-month presumptive delay period.

Part of what Geneviève Eliany, legal counsel at Buckley Eliany, will be arguing is that Crown’s application to remove counsel Shawn Buckley for a conflict of interest was frivolous and without foundation. This case’s conflict proceedings dragged on for a year and a half.

Today’s post on The Bovine included Karen Selick’s comment, “if you’re wondering what happened to lawyer Shawn Buckley, never fear—Shawn is the deponent in the affidavit that Ms. Eliany will be using to argue the motion. It’s just not possible under court procedures for a lawyer to argue a motion based on his own affidavit, so his associate will handle this for him. I’m told that Shawn’s affidavit is superb.”

Eliany will also be arguing that late disclosure caused two adjournments of the preliminary hearing. The Crown, on the other hand, blames defence for requesting irrelevant disclosure and claims it fulfilled its duty to raise a possible conflict of interest because Shawn Buckley represented two co-accused.

Durham Regional Courthouse 150 Bond Street East, Oshawa, Ontario

Help defend Montana and Michael through Indiegogo

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Just Released. Shawn Buckley’s Review of Health Canada’s Proposed NHP Regulation Changes Oct 24/16

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SHAWN BUCKLEY’S OPINION ON THE SEPTEMBER 7, 2016 CONSULTATION PAPER ON THE REGULATION OF SELF-CARE PRODUCTS IN CANADA.

He clearly defines the timing of meaningful action, the significant threat posed by the proposed changes to the current regulations, the unfair consultation process and what the changes may really mean to the Natural Health Product industry, natural health practitioners and consumers. Find out why the Charter of Health Freedom becomes even more relevant today than when first drafted.

Read the complete Discussion Paper here

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Sheep-Napping Charges Against Robert Pinnell Dropped; Michael Schmidt and Montana Jones in Court Nov. 21-23 Oct 12/16

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CHARGES DROPPED AFTER NEARLY FOUR YEARS IN COURT, 12,000 PAGES OF DISCLOSURE AND HAVING CONFESSED TO TRANSPORTING SHEEP. PHOTO – THAT’S WHAT 1,403 DAYS OF BEARD GROWTH LOOKS LIKE ON FORMER ACCUSED ROBERT PINNELL.

“It has been 1403 days since my adventure with the legal system started. Today in the Superior court in Newmarket all charges in regards to me were withdrawn. In the beginning there were 4 of us charged with the disappearance of 31 Shropshire sheep. Myself, Robert Pinnell. Michael Schmidt. Susan Atkinson. And Montana Jones. Now after 1403 days Michael and Montana are the only ones left standing.

What make this even more interesting is, that I had actually given a video statement, where I confessed, that I was the one that drove the truck and transported the sheep from one place to another. No one else had given a statement although Susan had later given a statement and plead guilty to a lesser charge. I never once said I was innocent  just that I was not guilty of what I was charged with — CONSPIRACY.”

Read the rest of Robert Pinnell’s piece Reflections on a Sheepish Affair” on The Bovine

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“Let them get their injunction. Put me in jail. I welcome it.” Elisa van der Hout Sep 27/16

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A look at the two days in court from a post on The Bovine. Excerpt: “In the end”, he [Michael Schmidt} said, ”I wonder why we keep coming to court. We try openly and honestly to push the debate on raw milk. But we are met with surveillance, and I am accused in the application record of constantly flouting the law. What remedies do I seek”, said Mr. Schmidt. “Perhaps you could order the crown to sit down and consult with us on how we could work this out. I also withdraw myself from these proceedings. Let the application go ahead. I will be arrested. I am willing to go to jail. No further comments.”

Read this full commentary on The Bovine

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Ontario Court Could Shut Down Raw Milk Distribution, Promotion Sep 26/16

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Michael Schmidt and raw milk are back in court. The outcome of a two-day hearing set for today (Sep 26) and tomorrow (Sep 27) in the Ontario Court of Justice at Newmarket may send raw milk drinkers in Canada down a more political road after years of fighting court battles.

“The outcome of a two-day hearing set for today and tomorrow in the Ontario Court of Justice at Newmarket may send raw milk drinkers in Canada down a more political road after years of fighting court battles. The hearing will determine if the Ministry of Agriculture and Food and the Ministry of Health were correct in January when they filed applications for injunctions against Michael Schmidt, Elisa Vander Hout, Glencolton Farms, the Agriculture Renewal Coop, and any other Canadian who provides, distributes, or recommends raw milk.”

Read the rest of Food Safety News article by Dan Flynn 

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Health Canada to Change Standards for Natural Health Products Sep 10/16

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… and so the noose tightened.

See Health Canada’s website for details.

“Health Canada is planning to dramatically overhaul the regulation of natural health products to address mounting concerns over the proliferation of misleading and unproven claims on product labels. Currently, natural health products are regulated in a manner similar to drugs – manufacturers must apply to Health Canada for a licence to sell and products are assigned a unique number that must appear on product labels to signal the department’s approval. But unlike drugs makers, natural health product manufacturers are not required to provide robust evidence that a product works before it’s allowed on the market.”

Read the rest of The Globe and Mail article by Carly Weeks 

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Charges Dismissed Against Durham Area Farmer Sep 8/16

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Just in! Bravo, Michael!

Charges of theft and mischief against Michael Schmidt have been dismissed. The Durham area dairy farmer was in court for the verdict after a two day trial in July. The charges related to the discovery of two surveillance cameras in the ditch near Schmidt’s farm in July 2015. The Ministry of Natural Resources admitted to setting up the cameras. (Excerpt from Kirk Scott’s Blackburn News)

Check out The Bovine website for the full back story

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The Noose Tightens: Health Canada’s Powers are Dramatically Expanded by the Wookey Decision Sep 6/16

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MANY OF US ARE AWARE THAT HEALTH CANADA’S POWERS HAVE BEEN GRADUALLY EXPANDING THROUGH LEGISLATIVE CHANGES.  

For example, many of the broad powers that created concern years ago with Bill C-51 are now law in the Food and Drugs Act.  The only saving grace is that they do not yet apply to natural health products because of the public backlash that readers like you created during the Bill C-51 fight. Eventually I predict the broad powers we were all concerned about will apply to natural products. A story or stories about harm caused by natural products will circulate in the media and calls for imposing the broad powers on natural products will be made. Armed with the public cry for protection, the government will dutifully comply and expand the powers to cover natural health products. At that point anyone involved in natural health could be completely and totally destroyed financially and jailed for long periods for not complying with Health Canada demands (regardless of how unfounded they may be and regardless of whether complying will cause harm or death to others).

Less noticed is the expansion of Health Canada’s powers by Court decisions. What occurs is, after decades of Health Canada interpreting the Food and Drugs Act one way, it changes its interpretation to expand its powers. Eventually someone challenges them in Court to say that the “new interpretation” is wrong. When this happens, the Court is faced with having to choose which Health Canada interpretation to accept, the original one often followed for many decades, or the new one. Unfortunately, in a couple of key decisions, the Court has sided with Health Canada’s new interpretations.

Read the complete piece by Shawn Buckley

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In Looking for ‘Zebra,’ Doctors are Stumped by Toddler’s Painful Legs, Rash and Bleeding Gums Sep 5/16

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“WE WERE ALL REALLY, REALLY SHOCKED,” RECALLED HAFEZ, 32, LEAD AUTHOR OF A REPORT ABOUT THE CASE IN A RECENT EDITION OF THE NEW ENGLAND JOURNAL OF MEDICINE.

“No one involved had even seen this before.” From emergency room to a large children’s hospital where a medical team labelled the boy as a “zebra”–slang for a diagnosis that is surprising and usually exotic—-this roll out of medical diagnostics and treatment is not an exception. It was not a look at the whole context of illness. “Had [a dietary] history been obtained earlier on,” Hafez said, “we could have spared him this exhaustive workup,” which included painful and expensive tests. This piece [July 25, 2016 Washington Post] is as fascinating as it is frightening. Natural health practitioners and integrative medical doctors who look at “root cause” will find this story validating.

Read the complete Washington Post article by Sandra G Boodman here

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Opioid Overuse is Creating ‘Lost Generation,’ Expert says Aug 25/16

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BENEDIKT FISCHER, A SENIOR SCIENTIST AT THE CENTRE FOR ADDICTION AND MENTAL HEALTH IN TORONTO, TOLD THE CONFERENCE THAT PEOPLE WHO ARE DYING FROM OPIOIDS AREN’T GETTING THE DRUGS ON THE STREET, BUT THROUGH PRESCRIPTIONS. (Sean Kilpatrick/THE CANADIAN PRESS)

“The people who are dying are not street users; they are being introduced to these drugs medically.”

Opioids overuse is the “worst man-made epidemic in modern medical history,” a leading expert on workers’ compensation told Canadian physicians Wednesday, urging them to take tough and immediate action to address the problem. Dr. Gary Franklin, medical director of the Washington State Department of Labor and Industries, said two people an hour are dying of opioids misuse in the United States, and, proportionally, the problem is likely as bad, if not worse, in Canada.

Read the complete Globe and Mail article by André Picard here

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