the law will be tested in the Schmidt case in Ontario

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Schmidt to defend himself at trial

Predicts raw milk case will be appealed no matter which side wins

Raw milk advocate Schmidt has dismissed his legal team and will conduct his own defence in a week-long trial set to begin at the end of May.

"We are no longer his solicitors of record. He has discharged us . . . The court is obligated and bound to accept that decision. We don't really have any knowledge about what he's going to do," Kimberley said Tuesday in a telephone interview from her Toronto law office.

said it's becoming more common for people to represent themselves in court and it's not up to her to decide on the merits that decision.

"People are entitled to be self-represented. That's what so great about our legal system, there's no obligation for people to be represented by legal counsel," she said.

"Instinctively I think it's total the right decision. I think it's important for me, as a farmer, to ask the questions and represent myself on the whole issue," Schmidt said during an interview Sunday.

Schmidt said hiring lawyers was the right thing to do at the beginning.

"It forced the opposition to take us seriously and not treat us like a bunch of lunatics." But in the end, he wanted to defend himself on his own terms.

"Dealing with life in general and especially as a farmer has given me a level of instinctive alertness about situations regarding my own fate and future," Schmidt wrote his customers in an e-mail last Tuesday, a day after the court agreed to remove Clayton Ruby and from the case. "As a farmer, one of the most challenging circumstances is to put my life into the hands of others . . . as a farmer I will speak and as a farmer I will argue. I want to win with gratitude and lose with dignity, putting my foremost trust into the hands of a judge burdened with the task of finding justice."

Judith McGill of Richmond Hill, who has been drinking milk from Schmidt's cows for the past six years and is a member of his legal advisory committee, said Tuesday she's confident Schmidt has a good grasp of the issues relating to seven charges he faces under provincial regulations.

"We're not going into a criminal court," she said.

McGill explained that part of Schmidt's defence will include constitutional arguments, which will used in any later appeal to higher courts. "Our goal is to get this into the Supreme Court of Canada where laws can be changed," she said.

"I'm sure (the Crown) will appeal if we win and if we lose, I can guarantee you that we appeal as well," Schmidt said.

The decision to have Schmidt defend himself was also a cost-cutting measure. Much of the $140,000 raised from Schmidt's supporters to date has been spent on consolidating charges from Grey County and York region into a single trial in Newmarket, locating expert witnesses and getting a judge — rather than a justice of peace — hear the case even though all of the charges relate to provincial regulations and the trial will be held in provincial offences court.

Schmidt said the reason for that is because part of the defence will involve constitutional arguments.

The 200 or so investors who back Schmidt have pretty much reached their limit in fundraising and it's too much to expect them to raise an another $200,000 — the estimated cost of lawyers fees for the trial, he said.

A meeting was to be held with the group in Toronto on Tuesday to discuss ways to raise about $40,000 needed to pay for the handful of expert witnesses who are to testify at the trial.

"We are hoping with media coverage . . . this time people will come forward with money to get it to a higher court," McGill said.

For Schmidt, the choice was between putting energy into fundraising or preparing for the trial and raising awareness about the raw milk issue. He sees the legal battle being as much about gaining public support and changing the minds of the legislators, who could amend the laws to permit the sale of raw milk, as it is about winning the court case.

"If I spend another $200,000 on a lawyer it doesn't guarantee me a win. I can still lose without spending all that money . . . and the issue is not going to go away."

Ministry of Natural Resources officials laid a number of charges against Schmidt following a raid on his farm on Nov. 21, 2006, including operating a milk processing plant without a licence and carrying on the business of milk production without a licence between Aug. 17 and Nov. 21, 2006. He's also charged with the sale of unpasteurized milk and cheese on Oct. 20 and 27, 2006.

Public health officials have also charged him with failure to obey an order issued Feb. 17, 1994, to refrain from storing or displaying raw milk products and breaching that order on Oct. 20 and 27 and Nov. 21, 2006.

Schmidt's trial is set for May 23, 27, 29 and 30 and June 3 and 4 in Newmarket.