Interprovincial liquor limits 'unconstitutional,' says lawyer

Lawyers for a man arrested for transporting too much booze from Quebec to New Brunswickargued in court Tuesdaythat thetrade barriers restrictingthe flow of alcohol and other goods across provincial borders are unconstitutional.

Gerard Comeau, a retired NB Power linemanfrom Tracadie,is fighting a chargeunder the New Brunswick Liquor Control Actforillegallybringing liquoracross the borderinto New Brunswick from Quebec.

• Provincial, territorial ministers agree to knock down trade barriers
• Booze border limit challenge could be 'revolutionary,' judge says

The case has important legal implications because it could result in the striking down of interprovincial trade barriers.

Comeau's legal team is being funded by the Canadian Constitution Foundation, a registered charity that helps people claim their constitutional rights.Ontario lawyers Karen Selick and Arnold Schwisberg joined Campbellton-based Mikael Bernard in court today.

In hisopening statement Tuesday, Schwisberg said the section of the New Brunswick Liquor Control Act under whichComeauwas charged is "unconstitutional," and interpretation shouldn't make offenders out of thousands of people in New Brunswick who purchase alcohol in other provinces.

Under the liquor law, a person may only bring one bottle ofwine or spirits, or 12 pints of beer about 18 cans or bottlesinto New Brunswick from another province.

The defence will argue the law isarchaic,and appears to belargely unknown.

1st Crown witness

The first witness called by the Crown on Tuesday was New Brunswick Liquor Contro Board vice-president and chief financial officer Richard Smith.

When asked what would happen if there were no provincial barriers to liquor transportation across borders, Smith said in a worst-casescenario, it would be devastating to the Crown corporation responsible for liquor sales in New Brunswick.

Comeauwas one of 17 peoplestopped and charged on Oct. 6, 2012, through anRCMPenforcement operation,for bringing too much alcohol into the province.

Comeauwas transporting 14 cases of beer, two bottles of whiskyand a bottle of liqueur across the border. RCMP seized Comeau'salcohol and fined him $292.50.

Outside court, Comeau said Tuesday he was feeling "optimistic" about the constitutional challenge and wants to fight the fine he was given.

Inside the courtroom, the defence indicated it would be submitting into evidence a 1925 letter from a Supreme Court justice to a British lord.

Among the witnesses expected to be called between now and Friday are:

• Historian Andrew Smithfrom the University of Liverpool.
• Political scientist Tom Bateman from St. Thomas University in Fredericton.
• Officials from the New Brunswick Liquor Corporation.
• Patrick Oland, chief financial officer ofMoosehead Breweries.

Almost everyone does it

Campbellton residentsoutside the NB Liquor store in the northern city said it is common to bring alcohol back from Quebec. Campbellton andPointe--la-Croix,Que., are separated by the J.C. Van Horne Bridge.

But many Campbellton residents arenot even certain about how much they can legally bring back across the bridge.

Linda Pelletier was shocked to find out the limit for beer is18bottles or cans.

"Oh,geez that's not enough," she said.

For others, the amount is downright annoying.

"I think it's ridiculous. We're living in Canada. Why can't I go get a dozen cases of beer if I want?You can buy 12 cans there for $17 and here it's about $27.Big difference," saidKevin Letourneau.

Law under challenge

It is thatkind of savings thatlures people from all over northern New Brunswick to the Quebec border town of Pointe-a-la-Croix.

They come from as far away as Tracadie,a two-hour drive,where Comeau lives.

After beingcharged in the 2012 sting,Comeau hired lawyer Bernard to challenge the constitutionality of the law.

Homerun4:39Lawyer challenging interprovincial liquor law

Interprovincial law restricts how much booze you can bring from one province to another. Homerun spoke to lawyer Mike Bernard who says law is archaic and is challenging it in New Brunswick court.

Case could be 'revolutionary'

"It's time for the courts to make protectionist provinces such as New Brunswick respect the Constitution," saidSelick, the litigation director for the Canadian Constitution Foundation, and one of Comeau's lawyers.

The defence arguesthe Constitution has contained a provision orderingfree trade across provincial borders since the country was founded in 1867.

The foundation maintains a misinterpretation of the free trade clause by the Supreme Court of Canada in 1921 has allowed provinces to set up trade barriers through protectionist laws.

"The whole law doesn't make sense," Selick said outside of court Tuesday, noting that corporations and manufacturers can exceed the alcohol limit, but individuals can't.

"Why is that distinction being made?"

In an earlier court hearing, provincial courtJudge Steven Hutchisonsaid from the bench the case would be "revolutionary" if Comeau's lawyers succeeded in challengingthe law as unconstitutional.