Raw Diary on Trial Again in BC

The last few days the attempt of court cases against Michael Schmidt and Gordon Watson have been happening in BC.  We should know the results of that by the end of the day today.  This case has gone on for months and has cost tax payers thousands of dollars.  I can’t even begin to explain how ridiculous I think this is.  I would like you to see the Affidavit provided to the court by Gordon Watson.  I am printing it here with his permission.

S-124618

New Westminster Registry

IN THE SUPREME COURT OF BRITISH COLUMBIA

 

BETWEEN : FRASER HEALTH AUTHORITY Petitioner

 

AND : Alice Jongerden doing business as Home on the Range ; John Doe ; Jane Doe

Respondents

Affidavit

 

1. I Gordon Stephen Watson, politician, of Burnaby British Columbia, MAKE OATH AND SAY AS FOLLOWS :

 

2 I have read the several Affidavits of Inspector George Rice and make this Affidavit in response.

 

3 Contrary to what he states at paragraph 13. of his Affidavit #2 sworn 08 October 2010, ie.

³Following the September 14 2010 appearance on the contempt of Court appearance on the contempt of Court application Ms Jongerden transferred control of the Home on the Range Dairy to Mr Michael Schmidt the Ontario raw milk farmer involved in litigation in that Province Š²,

in fact : following the Court appearance, Alice Jongerden ceased carrying business as Home on the Range Dairy. She did not transfer control of that same business to Michael Schmidt. I and some of the other owners made an ad hoc arrangement with him whereby he would provide agistment services to our herd of Jerseycows. Later, he registered ŒOUR COWS Inc¹ as Corporation Number 7668546 Business Number (BN)843753807RC001 in accordance with the Canada Business Corporations Act RSC.We convened our cowshare anew, each of us then making a new agreement with OUR COWS Inc for that corporation to provide agistment services to us, individually.Cows may come and cows may go in the herd as an entity, but ownership of it was never transferred to anyone else : from early May 2007, I jointly owned the cows with others, and I still do, regardless with whom we contract for such services

 

4 Contrary to what Insp. Rice said at paragraph 7 of his Affidavit #3 sworn Sept 9 2011, ie.

³On Friday August 12 2011 I along with EHO Michelle Truong attempted to conduct an inspection of the farm where Home on the Range Dairy is located at 49211 Prairie Central Road, Chilliwack BC Š²

in fact, there was no legal entity of that name doing business at that address that day.

 

5 Whereas at paragraph #11. of his Affidavit #3, Insp Rice relates how he obtained a Warrant to Search the premises, that Warrant was obtained under false pretences in that

a ] ­ he mis-led the Justice of the Peace to believe that the it would be used for purposes of the Public Health Act, when, all along, its intended use was for purposes other than for which he was authorized, to wit, for gathering evidence with which to lay a charge under section 9 of the Criminal Code ;

b] ­ he withheld from the Justice of the Peace information of fundamental importance, particularly, that the Fraser Health Authority had published a statement that it would not move against our dairy while the Constitutional Challenge to the Regulation outlawing raw milk for human consumption, was pending ;

c ] ­ taken as a whole piece, the Information to Obtain mis-led the Justice of the Peace to believe that the Home on the Range Dairy had been operating continuously and still was operating, yet Insp Rice was well aware that such was not so, as evidenced by his handwritten notes which are Exhibit ³B² of his Affidavit #5 sworn March 2 2012. The very next day after he¹d sworn he was dealing with Home on the Range Dairy, he put ŒOUR COWS¹ on page 5 of that Exhibit in the field³Operator/ Proprietor²

d] ­ on the REPORT TO A JUSTICE FORM 5.2 he pretended he was a Peace Officer when he was not

 

6 Contrary to his statement at paragraph 27 of his Affidavit #3, ie,

³ Š he said yes and asked me to charge him.²

I did not ask him to charge me. What I did say, first, was : ³I¹m part of the directing mind of the cowshare², by which I meant that I was indeed ³an operator² in respect of management of the cattle then standing on that farm. The statement from Fraser Health Authority led me to believe that our cowshare would be left alone at least until Mrs Jongerden¹s Constitutional Question was heard. After Insp. Rice told me that they intended to charge Michael Schmidt with contempt of Court, and exasperated at him acting utterly contrary to that published policy, I then said ³well you might as well charge me too!². Disgusted with what I saw as malicious abuse of process by Fraser Health Authority, I said it in a very sarcastic tone. I was mocking him for fomenting yet another round of legal trouble which our cowshare had suffered over 3 years. I was outraged because, a year earlier when Northern Health Authority had told friends of ours ( agisters providing services to cowshares up North) that the Order in the Jongerden case applied to them, I had explained to all-concerned that : regardless what it seemed to say on its face, the only people to whom it applied in law, were those in the class of Respondents defined in the original Petition. From that experience, I knew that, because he ( Schmidt) was not in the scope of that class, then he was not breaching the injunction. I told all-concerned that if Fraser Health attempted to have that Order apply to Michael Schmidt, they were obliged to comply with Rule 20-3, but they had not done so up to that point in time.

 

7 in Exhibit ³B² of his Affidavit #5 page 1 of 4 Note to file, in the field ŒOperator / Proprietor¹ are the words ³OUR COWS². To the best of my knowledge, on the date those notes were made the Agister of the Jerseycows standing at 49211 Prairie Central Road Chilliwack was OUR COWS Inc. I was not the Agister that day, nor was I involved in the packaging/distribution of the cosmetics. The various ministries which oversee the milk industry – Agriculture, Health, Attorney General -were well aware of what I had done, previously, as I did package / distribute REAL MILK to my friends with whom I was cowsharing, yet I was never prosecuted pursuant to the Milk Industry Act. In fact, after Mrs Jongerden was put out of business, I had stopped going out to the farm to get and/or deliver milk for anyone other than myself.

 

8 Contrary to his surmises in paragraphs 17 to 24 of his Affidavit #3, averring that what he saw was raw milk and dairy products intended for human consumption,the totality of the information presented by Insp Rice from his inspection that day, was : everything on those premises was in line with the legal opinion he later received from Health Canada, which is attached to my Affidavit and marked as Exhibit ³A, ie. clearly labeled Œcosmetics¹

 

9 in his Affidavit #3 paragraph 21 Insp. Rice reports that in his Search he noticed

³A second paper attached to the walk-in cooler door was titled ³Saturday ­ Farm Pick Up¹ and listed a number of names on a chart that appeared to indicate what products each person was entitled to.²

Attached to this my Affidavit and marked as Exhibit³B² are emails received by shareholders from Guy McDannold, who was then counsel for Fraser Health Authority. As soon as I became aware of those emails, I told all­concerned, especially members of our cowshare, that the Order of Madame Justice Gropper pertained only to individuals defined as being in the class of Respondents in Fraser Health¹s original Petition. I published my opinion that the Order applied only to anyone who had actually packaged/ distributed raw milk under the brand-name of Home on the Range, but that someone who goes to the farm to pick up his / her own property is not caught by it. I based my opinion also on the email which is marked as Exhibit ³C² of this my Affidavit. I believe it is most likely some names in those photographs at Exhibits ³G² ³H² and ³I² of Inspector Rice¹s Affidavit #3, were of members of the cowshare at that point in time.

 

10 Attached to my Affidavit and marked as Exhibit ³D² are : a letter from MLA John van Dongen, and also letters from the A /Director of Food Safety within the Ministry of Health. I always assumed they were formal expressions of the policy of the government of British Columbia on cowsharing to get raw milk. I require MLA van Dongen to come to Court and witness on my behalf as to if those exemptions have ever been rescinded, and, if so, then Œon what date?¹ and Œby what authority?¹ I believe that this Member of the Legislature has evidence to give which is not available to me any other way, and which is pivotal to the whole thing

 

11 Attached to my Affidavit and marked as Exhibit ³E²is, a letter to me from the Prosecutor

 

SWORN BEFORE ME AT THE CITY OF NEW WESTMINSTER
IN THE PROVINCE OF BRITISH COLUMBIA FEB 7 2013

N. Ezako

A COMMISSIONER FOR TAKING OATHS
AND AFFIDAVITS FOR BRITISH COLUMBI

 

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Gordon S Watson

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Eighth : for a ruling that I have the right to bring a Constitutional Challenge to the validity of section 7 of the Public Health Act Transitional Regulation within this trial

 

15 Attached to my Affidavit and marked as Exhibit ³?² is an excerpt from the Transcript of these proceedings on Februatuff from Bevan re OICs

 

 

 

 

0. For about 15 years, I have been involved in what is known as ³the Campaign for REAL MILK², in which the term ³cowsharing²,has come to mean : a club, sometimes formalized but in most instances, ad hoc, wherein individuals associate themselves for the purpose of co-operating to carry on dairying. Most often, people do this with intent to get a certain quality of milk when such is not obtainable otherwise, ie. fresh pure whole milk, unadulterated, not par-boiled aka ³Pasteur-ized², from cows treated humanely. In such an arrangement they may jointly own one cow, or a herd of cows. Typically, members of a cowshare then pay someone to actually do the work of looking after the herd, including the milking, then making ready the milk for members to take home from the farm. The person who does that work is often called ³the agister². The word ³agister² being an antique term revived lately among people involved in cowsharing, as a proper noun for a farmer who boards livestock owned by others. For instance ; what is now the campus of the University of Victoria, was once the Uplands Farm, where my grandfather James Turner was the agister for the horses used by the Royal Canadian Mounted Police detachment at Victoria. The horses were owned by the Regiment, while my grandfather stabled them and provided livery services. From my study on this topic I know that the difference in legal capacities of ³owner²versus ³agister² is well-understood in British jurisprudence

0. In about 1995, after I read³The Milk Book² by William Campbell Douglas md, and, consequently dissatisfied with what was to be found on store shelves in the way of milk, I set out to find a source of fresh whole raw milk. I became a member of two different cowshares. After these were wound-down by the agisters, I was left with no source for milk of satisfactory quality. During this time I wrote to the government explaining what cowsharing entailed, and got back the letters which are attached to this my Affidavit and marked Exhibit ??1, being ?? pages total, are copies of letters which I received in response to me enquiring of the government about the policy concerning ³cowsharing².

 

with these letters in hand, I always proceeded to get milk and to drink it without cooking it, confident that what I was doing was lawful. I became one of the foremost proponents in British Columbia in the Campaign for REAL MILK.

0. In early May 2007, arising from an advertisement I had answered about a cow for sale, I met Alice Jongerden. I showed her the letters of Comfort which I had received concerning the exemption of cowsharing from the requirement in the Milk Industry Act. For all raw milk to be Pasteurized. I purchased 2 shares out of a total of 20, in the cow owned by the Jongerden family, and payed her in advance the portion of the fee for looking after that cow, namely Maple. I took home some raw milk that day. Word soon got around that raw milk was available legally and the demand for it overwhelmed the supply. Every time we collected 20 more members, we bought another cow.

 

0. Attached to my Affidavit and marked as Exhibit ??, are copies of communications internal to Fraser Health Authority, which I obtained via Freedom of Information demands. They show that in 2008, when Fraser Health Authority moved against our cowshare, its agents were perfectly well-aware that I had in hand the Letters of Comfort from the Minister of Agriculture and the Director of Food Safety.

 

0. Attached to my Affidavit and marked as Exhibit ?? is a copy of the ADVICE TO MINISTER communicated from the Chief Medical Health Officer to the ( then) Minister of Health. I was not aware of this document until the fall of 2011, when it was sent to me as part of a Freedom of Information enquiry. This gives me good reason to believe that, within the batch of material referred-to in the correspondence which is Exhibit ³?² to this my Affidavit, it is likely there is more of the same showing wrongdoing on the part of the government, as it consulted with officials from Fraser Health Authority targeting our cowshare, and in particular, myself. I believe that material is crucial for me to establish my defence theme that this prosecution is a rank abuse of process in furtherance of the offence of Œabuse of dominance¹ by the dairy cartel.

 

0 Attached to this my affidavit and marked as Exhibit ³??²is the listing on the Registry of Lobbyists showing that the Dairy Farmers of Canada do have input to govt. policy as to the health of milk and the profitability of dairymen.
0 On August 12th 2011, I held two shares in the herd of Jerseycows which was then standing on the property at 49211 Prairie Central Road, Chilliwack British Columbia. I was one of about 350 individuals, most of whom I did not know personally, who then held joint ownership of the asset ( ie. cattle on the hoof) with interests in it described by a shareholder agreement each person had made with the Agister, namely ³OUR COWS Inc².

 
0 On August 12th 2010 and also on August 26th 2011, I was one of the owners of the herd, but I was not the Agister.

 

00 On August 26th 2011, upon being informed that he had executed a Search Warrant upon the premises at 49211 Prairie Central Road Chilliwack, I called Inspector George Rice and demanded a copy of that Warrant. He refused to give it to me. In that telephone exchange, I did not tell him that I was the ³owner of the farm², as he states at paragraph 27 on page 8 of his Affidavit #3, sworn 9th September 2011, because I was not the owner of that property. Arguing with him that he owed me a copy of the Warrant, I did say the precise words : ³I am one of the owners of the herd².

 

 

 

 

 

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Gordon S Watson

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