Home Cases R v. Comeau (Interprovincial free trade)

R v. Comeau (Interprovincial free trade)

By | on Dec 19 2015

From Cases, Ongoing Cases

Do you think it is right to fine a retiree for buying alcohol in another province and bring it back across the border? We sure don’t! The Canadian Constitution Foundation is proud to support Gerard Comeau and his lawyers Ian Blue, Arnold Schwisberg and Mikael Bernard in their constitutional challenge to portions of the New Brunswick Liquor Control Act. The section being challenged prohibits New Brunswick residents from bringing alcohol from another province or country in excess of a 12-pint limit for beer, or two bottles of spirits. What is the purpose of these provisions? To prop up a government-run monopoly that limits consumer choice, damages small business and violates a key component of our constitution (s. 121).

Success in this challenge for Gerard Comeau could mean a lot more than a new era in booze runs. It could mean a new era in Canadian commerce. A broader application of s. 121 would give Canadians a stronger legal bulwark against government meddling in all transactions across provincial boundaries. These prohibition-era policy regimes have no place in the 21st century. Help us fight this case if you care about economic liberty and consumer choice.

April 29, 2016 – We have won this case in NB. Read about it on CBC and read the decision here.

May 27, 2016 – The New Brunswick government is appealing the first decision. Read about it on CBC.

May 4, 2017 – This case is now heading to the Supreme Court! Read the release here.

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  • CCF Launch: December 22, 2014
  • Legal Jurisdiction: Supreme Court of Canada
  • Next key date: December 7, 2017 (hearing)

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