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

A Conservative MP in British Columbia is urging Canadians to contact their members of Parliament about the New Brunswick case involving cross-border alcohol limits that heads to the Supreme Court of Canada in December.

Dan Albas, who previouslyfought for interprovincial wine trade, says the case of Gerard Comeauis anopportunity for the country to "hit the reset button"on interprovincial trade as a whole.

The Fathers of Confederation felt that Canada shouldn't just be a political union, but an economic one.- Dan Albas, Conservative MP

"In today's economy, I think most Canadians would say they want to see greater choice in the marketplace," saidAlbas,who representsCentralOkanaganSimilkameenNicola.

"And so they want to see a little less authority in the provincial liquor boards and some of these provincial marketing boards that have been set up over time and a little bit more power to the consumers."

New Brunswick prosecutors are appealing the acquittal ofComeau, a retired NB Power lineman fromTracadie, who was fined $292.50 for exceedingthe province's alcohol importation limitin 2012 when he drovehomefrom Quebec with 14 cases of beer and three bottles of liquor in his vehicle.

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Virtually all provinces and territories have strict limits on how much alcohol individualscan bring across a provincial border. In New Brunswick, theLiquor ControlAct sets a personal importation limit of 12 pints of beer or one bottleof liquoror wine.

ButCampbelltonprovincial court Judge RonaldLeBlancruled last year that the liquor restriction was unconstitutional because Section121 of the 1867 ConstitutionAct says products from any province "shall be admitted free into each of the other provinces."

In documents filed with the Supreme Court of Canada on Aug. 18, New Brunswick prosecutors argue upholding Comeau's acquittal would "propose an end to Canadian federalism as it was originally conceived, has politically evolved and is judicially confirmed."

Albassaid those arguments amount to making noise.

"There's an old saying if the law's on your side, argue the law, if the facts are on your side, argue the facts and if the law, and the facts aren't on your side, just pound on the table," he said.

"And that's really what they're doing here. They're pounding the table because they know at the end of the day, they have a very weak case to rely on."

He calledComeau"a Canadian hero" for opening the debate on the contentious issue.

Albas said it's "ludicrous" Canada has"freer trade" with Europe and the United Statesthan between provinces and hearguedthe current interprovincial trade barriers come at a cost to both the economy and consumer choice.

"The Fathers of Confederation felt that Canada shouldn't just be a political union, but an economic one," he said.

"I hope [Canadians] take thetime to let their member ofParliament know that that's how they would like their federal government to respond to theComeaucase."

The attorneys general of Canada, Ontario, Quebec, Newfoundland and Labrador, Alberta, Nova Scotia, Saskatchewan, British Columbia, Prince Edward Island and Northwest Territories, and the minister of justice ofNunavut haveall filed to be interveners in the case.

Because it deals with theConstitution, it'san automatic right,a Supreme Court of Canada spokesperson said.

Additional parties could still file notification of intervention. The deadline is Sept. 15.

2-day hearings rare

The appeal is scheduled to be heard on Dec. 6 and Dec. 7.

The top court hasn't had a two-day hearing for nearly three years, since the case ofterror suspect Mohamed Harkat, according to an official in the registry office. The Supreme Courtupheld the national security certificate againstHarkatin May 2014, rejecting his constitutional challenge.

Normally, oral submissionsare limited to five minutes per intervener, but no time limits have yet been set, according to the court official.

The interveners have until Oct. 13 to file their written submissions. They had requested an extension until Nov. 30, but in an order dated July 14,Justice RosalieAbella set the deadline.

Sky hasn't fallen yet

Albas expects the attorneys generalwill "paint the Chicken Little scenario," arguing there won't be enoughmoney for hospitals, schools and roads if provincial borders are opened up.

He said that's what they asserted when hebrought forward Bill C311, the Free My Grapes bill, to allow wine transfer between provinces.

But "the sky didn't fall."

British Columbia has actually seen year-over-year growth in the wine industry, despite having opened up its borders, Albas said.