ONTARIO: Schmidt to defend himself at trial

02.apr.08
The Sun Times
Don Crosby

Raw milk advocate Michael Schmidt has, according to this story, dismissed his legal team and will conduct his own defence in a week-long trial set to begin at the end of May.
Kimberley Morris was quoted as saying Tuesday in a telephone interview from her Toronto law office, "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."
Morris was further cited as saying 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, adding, "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."
Schmidt was quoted as saying during an interview Sunday, "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 was further cited as saying hiring lawyers was the right thing to do at the beginning, adding, "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 Morris 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, was cited as saying Tuesday she's confident Schmidt has a good grasp of the issues relating to seven charges he faces under provincial regulations, adding, "We're not going into a criminal court."
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 story says that 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.