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.
Some argue the pasteurization ruins nutritional value. It’s too bad these people don’t remember all the people dying from drinking raw milk in the past, but it’s outside of our recent memories. It’s sort of down antivax lane.
Flavor also. It just tastes different. OTOH, there’s no reasonable way to ensure that it’s safe when done on a large enough scale to be remotely profitable; most listeria is because the udders/teats are inadequately cleaned, and thus act as a vector for contamination.