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Four-month wait for ruling in trial of Ontario raw milk advocate

NEWMARKET, Ont. -- A Durham, Ont., dairy farmer turned to his prosecutors Wednesday, bowed at the waist and thanked the row of lawyers for their fair conduct at his six-day trial.

NEWMARKET, Ont. -- A Durham, Ont., dairy farmer turned to his prosecutors Wednesday, bowed at the waist and thanked the row of lawyers for their fair conduct at his six-day trial.

Then Michael Schmidt, dressed in his customary attire of black jeans, khaki shirt and dark vest, turned to justice of the peace Paul Kowarsky and thanked him for his guidance.

"I'm happy to be going home to milk the cows," he told the court.

Schmidt will have to wait more than four months to hear whether he, his cows and his some 150 cow-share members will be permitted to continue their raw milk co-operative venture.

Both Schmidt and the prosecution have asked to see transcripts of the proceedings before they prepare final written submissions.

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Schmidt has until May 19 to file his final arguments, and the Crown has until June 16 to file its written reply.

Schmidt is defending himself against 20 charges for distributing milk straight from the cow.

He has also mounted a constitutional challenge against Canada's mandatory pasteurization laws, arguing that the outright ban on selling raw milk violates his rights.

The Crown's final witness, Dr. Jeffrey Wilson, an associate professor at the Ontario Veterinary College at the University of Guelph, testified Wednesday that pathogens in raw milk can be transmitted to humans, which makes it a public health risk.

Schmidt argued that government officials and food scientists cannot guarantee the safety of any food, and suggested informed consumers should be able to buy raw milk, just as they can buy raw meat.

Kowarsky advised Schmidt and the Crown to focus their written final submissions on the constitutional challenge and not get bogged down in the details of the scientific debate.

"It is clear there are two sides to this story," he said. "Both have some validity."

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