Michael Schmidt Trial preview 3: Notes and “Will Say” from Ministry of Natural Resources Investigator Susan Atherton

Investigator Susan Atherton will state the following:

I have been a Provincial Offences Officer since 1988. I am currently employed with the Ministry of Natural Resources, and I am appointed under the Milk Act as a Field Person. This is a Provincial Act which is under the mandate of the Ontario Ministry of Agriculture Food and Rural Affairs.

I am also appointed as an inspector under the Health Protection and Promotion Act, which is a Provincial Act under the mandate of the Ministry of Health and Long Term Care. The Ministry of Natural Resources provides investigations services to these Ministries through Service Level Agreements.

These are the facts as they relate to the investigation of Michael Schmidt of 393889 Concession Rd. 2, in Durham Ontario:

1. On June 14, 2006, I was given an Ontario licence plate number that was seen attached to a blue school bus (Blue Bus). This licence plate number was FY4043. This number was given to me by Domenic Fortuna (Fortuna), Public Health Inspector, York Region Public Health. I sent a query to MNR’s Provincial Coordination Unit who then accessed Ministry of Transportation records, and found that this plate was registered to Michael Schmidt (Schmidt), Lot 44, Concession 3, Glenelg, Durham, Ontari. Fortuna advised that, based on his observations, it appeared that milk was being distributed in plain jars from this vehicle.
2. I checked for criminal records history on Schmidt, and I also searched the internet using Google, and found that Schmidt is connected to Glencolton Farms at 393889 Concession 2, Durham, Ontario. There were photos of Schmidt on the the internet in connection to “Symphony in the Barn”, as well as a connection to “Real Milk” also known as “raw milk” in Ontario.
3. On June 27, 2006, Rodger Dunlop (Dunlop) and I went to 393889 Concession 2 Rd. Durham. The Blue Bus was parked there. The name on the mailbox was Glencolton Farms. On this date, we followed the Blue Bus to 9100 Bathurst St. in Thornhill, Ontario, the address of the Toronto Waldorf School. The bus then parked in the upper parking lot. This was easily visible from the sidewalk. There was produce and fruit on display outside the bus, and people were selecting items and putting them in bags. These people carried coolers, boxes, cloth bags, and plastic bags, containing empty glass jars.
4. I walked up to the produce and looked it over and began speaking to one of the cutomers. I asked if I could buy here as well. He asked if I was buying milk. I told him I was lactose intolerant. He told me that ‘Michaels’ milk would not make me sick. He said it is raw milk. I selected some fruit and waited in line with this gentleman. After a couple of minutes, the man that I recognized from the internet photos of Schmidt came out of the bus. the gentleman I was standing with called him ‘Michael’, and said that I wanted to buy from him. (from Michael) Michael said “is she a member?” the gentleman replied “no, she is referred by a member”. Michael allowed me to purchase fruit. This Michael was the man who had been driving the bus that day.
5. As I waited in line, I saw customers go in with empty glass jars, and come out with heavy coolers boxes and bags.
6. While waiting in line, an unknown female came out of the Blue Bus and handed everyone, including me, a publication called ‘My Cow’s Mooosletter’. This publication was dated Summer 2006.  This publication had articles such as ‘A Message from Michael’, ‘Blue Bus Business’, ‘Raw Milk Reflections’, and ‘Appreciation from a Blue Bus Fan’. In Michael’s message he wrote about being under the “radar screen of Government”. In Raw Milk Reflections, he writes “where you, the cow share members can share your stories about your experiences with the Blue Bus and the consumption of raw milk products”
7. On July 25, 2006, MNR Investigators Nixon, Campbell and I followed the Blue Bus to  9100 Bathurst St. Thornhill, again. On this date, we each observed customers lined up at the Blue Bus, carrying empty containers, and leaving with full ones. We also obtained licence plate numbers of vehicles, where the occupants exited the vehicles, lined up with containers, entered the bus, left with full containers, and got back in their vehicles and left. We followed the vehicle as it left the lot that evening, and followed it to 393889 Concession 2 Rd, Durham, Ontario. It entered the farm lane, and parked.
8. On August 22, 2006, I attended the “Blue Bus” at 9100 Bathurst Street, Thornhill. I was not able to purchase milk, but I bought a soft cheese that was wrapped in cellophane with a price tag on it of 3.20. The lady that had been in front of me asked if it was fresh, Schmidt replied “it is fresh, it was made Friday”. I received a handbook from Michael called “Glencolton Farms Cow Share Members Handbook (Handbook). This Handbook outlined what being a cow share member is all about, including responsibilities of the member. It had been sitting on the counter beside Michael, and when I paid for my cheese, I laid it on the counter as well. Michael gave me my change and gave me the Handbook. I observed 12-14 people buying milk and cheese from Scmidt. One customert talked to Schmidt about his restaurant.
9. On October 17, 2006, I visited the Blue Bus and purchased cheese again. Immediately after I paid Schmidt for the cheese, I left the Blue Bus and took the cheese I had purchased and put it on ice, and, the next morning, October 18, 2006, took it to the University of Guelph Laboratory Services, Sample Reception, which is an accredited laboratory qualified to conduct the tests required in these circumstances. When I received the Lab test results, they indicated a high level of Alkaline Phosphatase. This result, in liquid milk, is conclusive evidence that milk is unpasteurized. On this date, I observed approximately 15 persons buying from Schmidt.