McBride wins appeal against DFO

Assault charges thrown out but found guilty of receiving milk in bulk tank

WESTMEATH -- Harry McBride, once barred from producing milk for Dairy Farmers of Ontario (DFO), has won his appeal to continue supplying DFO.

The Agriculture, Food and Rural Affairs Appeal Tribunal ruled that DFO director of Regulatory Compliance, Peter Gould, exceeded his authority when he shut McBride out of the milk market for transferring milk between farms.

The tribunal found McBride guilty of one infraction, on September 17, 2003, the only one over a 12-month period. McBride testified that on that date he was in the barn tending a sick cow when DFO field persons caught his son Gordon McBride in direct violation of the rules by putting milk into his father’s bulk tank from another tank. But the tribunal said that Harry McBride, though he couldn’t climb up on the truck and transfer the milk, was present for receiving the milk. The regulation covered both shipping and receiving.

McBride told the tribunal that he has suffered a disastrous fire in which he lost 100 head of cattle and his barn. He moved the cows to his son’s barn but moved them out again because his son needed the facility for his own cows. He testified that he was not involved in moving milk from his son’s tank to his.

In the summation, the tribunal quoting Gould said that Harry McBride has been previously caught red-handed using a sump pump, hose and olive barrels to move milk between farms. McBride had signed a letter in April 2000 saying he would not transfer milk between farms again.

Gould said he could not order DFO staff to return to the farm after Gordon McBride had threatened to get a gun. The tribunal said the hearing was based on Regulation 761, shipping and receiving milk. The threats were beyond the scope of the hearing, and Gould could not use them to shut McBride out of the milk system Harry McBride allegedly told one of the field persons that if his grandson had been present the field person would be in the hospital.

But the violence went beyond threats. Gerry Wever testified that on September 17, 2003, Gordon McBride had kicked the door of his vehicle, as he was leaving the farm. His arm was bruised. He said that at the time of inspection Harry McBride’s volume was low and he wasn’t making the minimum volume production required by the DFO.

On the same day, according to testimony of Jeff Hydnman, DFO fieldman, Gordon McBride assaulted DFO fieldman Alphonse Poitras, who had been holding a video camera. At that point, Harry McBride told the three fieldpersons to leave the property.