Alan White reports that the Supreme Court of Canada has agreed to hearing an appeal of a New Brunswick court decision:
The Supreme Court of Canada has agreed to hear an appeal of a New Brunswick court ruling that declared it unconstitutional to limit the amount of alcohol someone can bring into the province.
At the centre of the case is Gerard Comeau of Tracadie, N.B. He was acquitted by a provincial court judge of exceeding provincial importation limits on beer and liquor that can be brought into New Brunswick.
Comeau was charged in 2012. RCMP had stopped him after he entered New Brunswick from Quebec with 14 cases of beer and three bottles of liquor. New Brunswick’s Liquor Control Act sets a personal importation limit of 12 pints of beer or one bottle of alcohol or wine.
Provincial court Judge Ronald LeBlanc ruled the liquor restriction was unconstitutional because Sec. 121 of the 1867 Constitution states products from any province “shall … be admitted free into each of the other provinces.”
Lawyer Ian Blue, who acted as part of Comeau’s defence team on behalf of the Canadian Constitution Foundation, says the case stands to have major implications.
Blue said the federal and provincial governments are currently discussing trade matters pertaining to NAFTA, milk marketing boards, softwood lumber tariffs, but “they’re not looking at this Comeau case.”
“This Comeau case, with the Supreme Court decision, could have more profound effects on interprovincial trade barriers than President Trump could,” said Blue. “That’s how important this case is.”
