Cross-border alcohol limits appeal expected to attract industry interveners

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Cross-border alcohol limits appeal expected to attract industry interveners

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CBC News

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The head of the conservative legal think-tank supporting the legal fight of a New Brunswick man whose cross-border alcohol limits case is headed to the Supreme Court of Canada expects several national and regional industries will seek to intervene.

“We’re confident there’s going to be a strong group of interveners on [Gerard] Comeau’s side, who will be highlighting the huge potential benefits to the Canadian economy of more open free trade within Canada,” said Howard Anglin, executive director of the Canadian Constitution Foundation.

Comeau, a retired steelworker from Tracadie, was charged in 2012 and fined $292.50 after RCMP stopped him driving home from Quebec with 14 cases of beer and three bottles of liquor in his vehicle.

Cross-border booze appeal a chance to hit reset on interprovincial trade, MP says

Cross-border booze case would ‘redesign’ federalism, N.B. prosecutors argue

New Brunswick’s Liquor Control Act sets a personal importation limit of 12 pints of beer or one bottle of liquor or wine.

But Campbellton provincial court Judge Ronald LeBlanc ruled last year that the liquor restriction was unconstitutional because Section 121 of the 1867 Constitution Act says products from any province “shall … be admitted free into each of the other provinces.”

New Brunswick prosecutors are appealing LeBlanc’s decision to the country’s highest court. They contend upholding Comeau’s acquittal would “propose an end to Canadian federalism as it was originally conceived, has politically evolved and is judicially confirmed.”

Anglin disagrees… Read More

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