Ontario farmer Michael Schmidt set up a cow-sharing program in which customers were provided with raw milk.Ontario farmer Michael Schmidt set up a cow-sharing program in which customers were provided with raw milk. (Colin Perkel/Canadian Press)

Raw milk crusader Michael Schmidt says the Ontario government is wasting its time by appealing last month's court ruling that found him not guilty of violating the Health Protection and Promotion Act.

The Ministry of the Attorney General has confirmed it is appealing the decision to the Ontario Court of Justice.

Schmidt said the government is "clutching at straws" after a justice of the peace ruled on Jan. 21 that his innovative "cow-share" program for raw milk consumers doesn't violate the law.

Schmidt's program allows consumers to become "part-owners" of his dairy cows, which the court said complied with the province's laws as it dismissed 19 charges against the farmer.

The Ministry of Health raided Schmidt's Durham farm in 2006, resulting in a yearlong trial that ended last month with the acquittal.

Schmidt said the fight is not about milk, but is about respect for the individual's right to make choices without government interference.