MPs debate Conservative motion to refer interprovincial trade to Supreme Court

Dan Albas wants top court to rule on New Brunswick decision that struck down cross-border limits on alcohol

Image | social cause beer

Caption: A New Brunswick judge's recent ruling has brought renewed calls for more open inter-provincial trade in alcohol and beer. (Anne-Marie Provost/Radio-Canada)

Members of the House of Commons are debating an Opposition motion arising from the recent ruling on cross-border beer shopping in New Brunswick.
The motion tabled by the federal Conservatives calls on the federal government to refer the ruling to the Supreme Court for review, given the implications for interprovincial trade.
New Brunswick provincial court Judge Ronald LeBlanc tossed out all charges against Gerard Comeau, who was charged with illegally importing 14 cases of beer and three bottles of liquor from a Quebec border town in 2012.
Dan Albas, the official Opposition critic for Interprovincial Trade, says the ruling needs to be referred to the Supreme Court so that Section 121 of the Constitution can be clarified.

Image | Alcohol Borders 20160530

Caption: Dan Albas, the Conservatives' critic for Interprovincial Trade, wants the Supreme Court to rule on interprovincial trade barriers. (Adrian Wyld/Canadian Press)

"The Fathers of Confederation intended Canada not just to be a political union but an economic one, and it's an inherent constitutional right," Albas said Tuesday.
The motion also calls on the House to recognize that it is a constitutional right for Canadians to trade with Canadians.
"We know that there are Canadian producers that want to sell their products," Albas said.
"We know there are consumers right across this great country that want to buy Canadian and support Canadian and we want these trade barriers torn down. The most effective way to do that is to have a Supreme Court ruling."

Media Video | Power & Politics : The biggest head-scratching trade barriers in Canada

Caption: Canada's economy is draining billions of dollars because of inter-provincial trade barriers, says a new Senate report.

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'Groundbreaking' ruling could affect more than beer

Last month, the New Brunswick government filed a notice of appeal saying the judge in the Comeau case erred in his interpretation of Section 121, which deals with the movement of goods between provinces.
Defence lawyer Arnold Schwisberg described the ruling in the Comeau case as "groundbreaking" and said it will have national impact far beyond saving Maritimers money on the cost of their beer.
He said the ruling could have the power to shift a host of laws across the country governing everything from selling chickens to how engineers and other professionals work across provincial lines.
Last month, Albas urged his fellow MPs in the House of Commons to "free the beer."

Media Video | (not specified) : Albas urges MPs to "Free The Beer"

Caption: Conservative MP Dan Albas who has already fought for interprovincial wine trade now wants MPs to back his Private Members Bill that would get rid of similar barriers against beer.

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