The applicants, comprising raw milk producers and consumers, challenged federal and provincial prohibitions on the sale and distribution of unpasteurized milk, alleging violations of their freedom of conscience, freedom of religion, and equality rights under the Canadian Charter of Rights and Freedoms.
The court dismissed all claims, finding that the applicants' belief in raw milk's health benefits did not constitute a profound moral dimension for freedom of conscience, the religious interference was trivial and insubstantial, and the equality claim lacked a sufficient evidentiary basis.
The court further held that even if Charter violations were established, they would be justified under section 1 due to the compelling public health objective of preventing milk-borne illnesses, which pasteurization effectively mitigates.
