The appellant, a milk farmer, provided unpasteurized milk to individuals through a 'cow share agreement' and was convicted of selling and distributing unpasteurized milk contrary to the Health Protection and Promotion Act and operating an unlicensed milk plant contrary to the Milk Act.
On appeal, he argued the legislation did not apply to his private arrangement and violated section 7 of the Charter.
The Court of Appeal dismissed the appeal, finding the cow-share program was a public marketing scheme caught by the legislation.
The court also held that the prohibition on unpasteurized milk did not violate the right to life, liberty, or security of the person, and was not arbitrary or overbroad given the scientific evidence of public health risks.
