NEWMARKET, ON: Dairy farmer Michael Schmidt will appear before Justice Peter Tetley of the Ontario Court of Justice for his sentencing hearing on Friday, November 25, 2011 at the courthouse, 50 Eagle Street West, Newmarket, Ontario in room 203 at 9:30 a.m. Lawyers for the prosecution and the defence will make submissions as to the appropriate sentence.
On September 28, 2011, Justice Tetley reversed previous acquittals and found Schmidt guilty on 13 of 19 charges pertaining to the production and distribution of raw milk. [NOTE: Press releases sent out immediately following the decision erroneously said 15 convictions. The correct number is 13.]
Schmidt faces maximum penalties under the Milk Act and the Health Protection and Promotion Act in excess of $1 million. The prosecutor has indicated he will be seeking significantly less, but will also be seeking a probation order.
Schmidt does not face immediate imprisonment, but may be jailed if he fails to pay the fines imposed or breaches any probation order.
Lawyer Karen Selick of the Canadian Constitution Foundation said that Schmidt will seek leave to appeal to the Ontario Court of Appeal as soon as the sentencing is completed.
The Canadian Constitution Foundation is an independent, non-profit registered charitable organization whose mission is to defend the constitutional freedoms of Canadians through education, communication and litigation.