Does a right to security of the person of raw milk consumers necessarily be infringed if a cow-share arrangement is found to be illegal?

It is acknowledged that in general terms an individual has the right to make decisions regarding their own bodily integrity and personal health, as recognized by La Forest J. in Rodriguez v. British Columbia (Attorney General), 1993 CanLII 75 (SCC), [1993] 3 S.C.R. 519 at paragraph 36. However, it does not logically follow that the right to security of the person of raw milk consumers will necessarily be infringed if the Respondent’s cow-share arrangement is found to be illegal. The preponderance of scientific evidence cited offers factual support for the assertion that human consumption of raw milk may be hazardous to one’s health or at least more hazardous than the health risk presented by the consumption of pasteurized milk. The wide interest in this litigation serves to confirm this assessment is not universally held and there are many residents of Ontario who have consumed a life-times worth of raw milk and raw milk products without any ill effects. On the basis of the expert evidence provided at trial it cannot however be concluded, in my view, that the resultant legislative restriction on the sale and distribution of raw milk is either arbitrary or overly broad.