Supreme Court upholds law in cross-border beer case, averting trade shakeup
OTTAWA — The Supreme Court of Canada has affirmed the constitutionality of a New Brunswick law that ensnared a man who brought home a trunkload of beer and liquor from neighbouring Quebec.
The unanimous high court decision Thursday effectively preserves the current trade regime, saying provinces have the power to enact laws that restrict commerce if there is another overriding purpose — in this case the desire to control the supply of alcohol within New Brunswick.
In October 2012, Gerard Comeau of Tracadie, N.B., drove across the border to Quebec to buy several cases of beer and some liquor from three stores.
Comeau was fined $240 and administrative fees under New Brunswick’s Liquor Control Act for being in possession of a large amount of alcohol he had not purchased through his province’s liquor corporation.