Judge dismisses judicial review of Public Health Act regulation concerning raw milk
A man’s latest attempt to challenge B.C.'s rules on unpasteurized milk — also known as “raw milk” — was dismissed in the province’s Supreme Court.
Gordon S. Watson sought a judicial review of the province’s regulation of unpasteurized milk as a health hazard subject to “significant restrictions” under the Public Health Act.
Justice Bill Veenstra wrote Watson mostly wanted a legal opinion that a practice known as “cow-sharing” allows raw milk distribution and to restart a previous constitutional challenge. Watson also sought “various declarations” and an injunction against the enforcement of raw milk rules.
But Veenstra noted Watson had been before the courts in 2010 and 2013 on raw milk issues and dismissed his latest effort under “res judicata” — a legal doctrine which prevents relitigating matters that have already been decided.
No it doesn’t.
Raw milk is illegal in Canada. Raw milk cheese is legal everywhere in Canada as long as it’s aged at least 60 days. Though in Quebec, higher risk younger unpasteurized cheese is also legal. Unpasteurized cheese is also ubiquitous - available just about anywhere you can buy cheese. Anyone buying high end cheese is probably eating it without realizing it.
I think people mix up young and aged raw milk cheese. Aged 60+ days, the risks of pasteurized and unpasteurized cheese are about the same (very low but not zero). There isn’t even any sort of pressure to ban them.