It almost seems like an inevitability sometimes — all topics of conversation in Canada invariably end up being related (tangentially, at least) to beer.
Take interprovincial trade and the Canadian constitution for example — earlier this month, Central Okanagan-Similkameen-Nicola MP Dan Albas pushed for the federal government to refer to the Supreme Court of Canada, the case of a man fined for bringing beer over the Quebec-New Brunswick border. The tinder that ignited the dispute was a $292 ticket — but Albas believes the case from the Maritimes could have an impact on trade from coast-to-coast.
Gérard Comeau, a retired line worker, was returning to his home in New Brunswick when he was pulled over with 15 cases of beer and three bottles of liquor purchased in Quebec. New Brunswick’s liquor control act forbids residents from purchasing more than 12 pints of beer from outside the province, which meant Comeau was facing a $292 ticket for his liquor run.
But provincial Justice Ronald LeBlanc ruled in Comeau’s favour — striking down the ticket, and affirming the constitutional right of Canadians to the freedom of movement of goods between provinces.
“Basically [Justice LeBlanc] went into the debates for confederation and found that countless politicians from Brown to Cartier, and McDonald — names we read about in history books — all espoused that Canada should be an economic union as much as a political one,” said Albas.
“That’s why I’ve been saying, as a member of Parliament, that the government should really either refer the [Comeau] case to the Supreme Court so that we bypass the back and forth – because constitutional scholars say that this will end up in the Supreme Court anyway – it would be better to save thousands if not millions of dollars in taxpayer money contesting it at different levels of court,”
The right to unfettered economic trade between provinces is enshrined in section 121 of the Constitution Act of 1867, said Albas.
But a string of court decisions over the past century narrowed the focus of the section, allowing regulations and trade boards to pop up across Canada — until Justice LeBlanc’s decision on the Comeau case in late April, he added.
Province-specific regulations on safety equipment for work vehicles for example, have impacted businesses like Merritt’s Emcon Services, said Albas.
Dan Albas is the MP for Central Okanagan-Similkameen-Nicola.
The company purchased a number of maintenance vehicles from an auction in Quebec, only to later discover that due to conflicting regulations across the provinces, some of the trucks would require pricey engineering reports to be certified as safe. They were put into storage instead, said Albas.
“That’s why I’ve been saying, as a member of Parliament, that the government should really either refer the [Comeau] case to the Supreme Court so that we bypass the back and forth – because constitutional scholars say that this will end up in the Supreme Court anyway – it would be better to save thousands if not millions of dollars in taxpayer money contesting it at different levels of court,” he explained.
“Or perhaps the government can look at making a reference to the Supreme Court to ask these important questions.”
If referred to the Supreme Court, the case could have wide impacts on previously-regulated trade between provinces, including the B.C. wine industry.
“Every province has its own approach – and B.C. has been far more progressive than most – when it comes to interprovincial transit of beer, wine and spirits. This could be far reaching in that provinces that have not been as open to the idea that Canadians should be able to trade freely with Canadians, [those provinces] would have to take that into consideration.”
Albas lamented that regulations on interprovincial trade currently in place are not adequately enforced across the board.
“This is something we see all the time, especially on the interprovincial shipment of wine. There were some wineries that were doing it under the table, and they were able to grow their businesses by breaking a law that nobody was technically enforcing.
And yet, the people that follow the rules, work hard, don’t get to grow their business because they’re not breaking the laws that are not universal,” he explained.
The government has yet to issue a definitive response to Albas’ request on May 3 in question period for the case to be forwarded to the Supreme Court of Canada.
“That was a very positive development we saw with regards to alcohol and the transferring of alcohol from one jurisdiction to the other.
That is why I’m working very closely with my provincial and territorial counterparts on an agreement on internal trade, a comprehensive document which will reduce barriers, and eliminate barriers entirely,” responded Navdeep Bains, minister of innovation, science and economic development.
While a comprehensive overhaul of interprovincial trade is one possible result from the $292 ticket Gérard Comeau received, the case certainly confirms one thing: Canadians will travel far and wide to get a great deal on beer.
