Issue link: http://winesandvines.uberflip.com/i/684435
June 2016 WINES&VINES 21 WINE INDUSTRY NEWS Judge OKs Moving Alcohol Between Provinces C ampbellton, New Bruns- wick—A provincial court judge in Canada's eastern province of New Brunswick ruled in favor of a consumer intercepted bringing beer and spirits across provincial lines, something not permitted under Canada's 88-year- old liquor laws. Gérard Comeau, a retired steel- worker, purchased 14 cases of beer and three bottles of spirits in Que- bec in October 2012 and at- tempted bringing them home. But the Royal Canadian Mounted Po- lice intercepted him and confis- cated the beverages because New Brunswick legislation lets consum- ers import just 12 pints of beer or a single bottle of wine or liquor. Notably, the provincial limit is even tighter than federal import- ing rules, which allow Canadians to bring home 24 bottles (8.5 li- ters) of beer or two bottles (1.5 liters) of wine or a single 1.14-liter b o t t l e o f s p i r i t f r o m o t h e r countries. Rather than pay the $300 (Ca- nadian) fine (about $250 U.S.), Comeau, backed by a team of law- yers led by Ontario's Arnold Schwisberg, challenged the law with the support of the Canadian Constitution Foundation. Schwis- berg and other critics of the liquor law, enacted in 1928, argue that it violates section 121 of a much older piece of legislation, the Brit- ish North America Act of 1867, which established Canada as a country. Section 121 provides for the free movement of goods be- tween provinces, an activity that Canada's liquor laws impede. Canada's 10 provinces and three territories are responsible for regulating liquor sales, and right now, that means that all alcoholic beverages must move through the hands of government and/or be subject to provincial markups. New Brunswick judge Ronald LeBlanc said that shouldn't be the case, and just because govern- ments have impeded trade for the past century in violation of Section 121 doesn't mean custom should prevail. Section 121's "disuse or neglect has arisen as a result of an unfounded judicial interpretation (whose) effects have continued for nearly a century," LeBlanc ruled. "Section 134(b) of the Liquor Con- trol Act of New Brunswick consti- tutes a trade barrier which violates section 121 of the Constitution Act 1867 and is therefore of no force or effect." Charges against Co- meau were dropped following the judge's April 29 ruling. Some provinces have made ac- commodations for the interprovin- cial movement of wine, thanks to the success of Bill C-311 in 2012, but the restrictions on beer and spirits remain vivid examples of the limits on the movement of al- cohol of all kinds within Canada. Schwisberg told Wines & Vines that the ruling in New Brunswick is a battle victory, but the war to free alcohol is far from over. The ruling wasn't in the province's highest court, and it remains sub- ject to appeal by provincial au- thorities. "I'd like to see a higher court affirm this decision," Schwis- berg told Wines & Vines'. —Peter Mitham "Section 134(b) of the Liquor Control Act of New Brunswick constitutes a trade barrier which violates...the Constitution Act 1867 and is therefore of no force or effect." —Ronald LeBlanc, New Brunswick judge