Home Cases CCF and Artisan Ales AIT complaint against Alberta (Interprovincial free trade)

CCF and Artisan Ales AIT complaint against Alberta (Interprovincial free trade)

By | on Aug 29 2016

From Cases, Ongoing Cases

With the help from the Canadian Constitution Foundation, Artisan Ales, a small Calgary owned-and-operated import agency, has initiated a complaint against the Government of Alberta under the Agreement on Internal Trade (the AIT). The complaint alleges that Alberta, through a tax policy that favours Alberta beers over the beers of other provinces, is failing to honour its free trade obligations under the AIT.

This protectionist tax violated section 121 of the Constitution Act, 1867, the Constitution’s so-called “free trade” clause and long established case law from the Supreme Court of Canada that no province can erect tariff barriers to interprovincial trade. On August 15, 2016, a preliminary, independent review authorized the complaint to proceed to a hearing, finding that “there is a reasonable case of injury or denial of benefit to Artisan Ales.” If successful, Alberta’s policy will be found to violate the province’s commitments under the AIT. This is part of our broader work to keep Canadian governments accountable to their internal trade agreements and our Constitution.

  • CCF Launch: August 2016
  • Legal Jurisdiction: Alberta
  • Next Key Date: TBD

Read the full release here.

Read our factum here.

(Image by Paul Joseph under CC 2.0).

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