This court case is about beer but could have much wider implications for inter-provincial trade.

This court case is about beer but could have much wider implications for inter-provincial trade.
Photo Credit: Chris Young/Canadian Press

Beer case could break trade barriers between provinces

The province of New Brunswick will ask the Supreme Court to rule on a case that involves the legality of buying beer in another province.

At the same time as Canada vigorously negotiates free trade agreements with other countries, provinces within the country have trade barriers against each other. There are legal protections that limit trade in alcohol and other products, and prevent some professionals from practicing in other jurisdictions.

Gerard Comeau was charged with bringing more than the legal limit of alcohol from Quebec into New Brunswick.
Gerard Comeau was charged with bringing more than the legal limit of alcohol from Quebec into New Brunswick. © Michele Brideau/Radio-Canada

Charges dismissed on constitutional grounds

In 2012, Gerard Comeau of Tracadie, New Brunswick was charged with bringing home more than the legal limit of beer and liquor that he had purchased in the neighbouring province of Quebec. Prices are lower there and vary greatly from province to province.

Comeau fought the charge and was acquitted because section 121 of the Constitution states that products from any province “shall…be admitted free into each of the other Provinces.”

Case has broad implications

In a statement, the New Brunswick’s prosecution services said it will appeal the decision to the country’s highest court. It says the implications of the decision are far greater than the purchase of alcohol and that it “concerns issues of inter-provincial trade with significant consequences.”

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