| Canadian Law by Ken Preston Hello Bob from Canada! I'm sure you're not surprised to know you have a lot of readers here but I've never seen you publish anything about things here. So I thought I'd report in on what I see as a ground breaking court ruling this week when charges against a New Brunswick man arrested for importing Quebec liquor were dismissed. I'm convinced the ruling will have a national impact far beyond the beer world and other drinkers for that matter. In fact many experts (not me, I'm not a lawyer) have written in the local and national press that 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. In a nutshell, here's what happened. Judge Ronald LeBlanc threw out all charges against Gerard Comeau, 62, for importing 14 cases of beer and three bottles of liquor from a Quebec border town. The judge cited the words of Canada's founders, saying they never intended that laws should blatantly block the free flow of goods within the new country. I have a feeling you folks in the USA will appreciate that. In his opinion the judge wrote that "I find that the speeches and orations from the Fathers of Confederation prior to the enactment of the British North America Act, 1867, conclusively point to their desire to implement free trade as opposed to the elimination of customs duties as between the provinces,". To tell the truth, the decision brought tears to my eyes and not just because I'm now going to save some money when buying beer. Obviously the issues is bigger than just that. And yes, I know not to get carried away over this since just about everyone this provincial court decision will eventually make its way through appeals to the Supreme Court of Canada. If that happens and our top court supports the ruling in Comeau's favour, it could effectively throw out Canada's marketing board system, allowing for the free trade of chicken, eggs, and milk, which I predict would cause food (and beer) prices to come down significantly. A Supreme Court ruling could also have the effect of doing away with licensing standards that prevent engineers and other professions from moving easily between provinces. As I said, it's more than beer. This case has already been in the court system for quite a while as Comeau was one of four people charged after a police "sting" operation in 2012. He was arrested because the New Brunswick Liquor Control Act prohibits anyone in the province from having more than 12 pints of beer that wasn't purchased through a liquor store in the province. That was the law RCMP were using when they seized Comeau's liquor and fined him $292.50 for bringing the liquor home to Tracadie, N.B. Judge LeBlanc's decision confirms that what tens of thousands, (maybe hundreds of thousands) of New Brunswickers - me included- have been doing for the past 40 years is not a crime. Hope you and you're readers might find all this of interest. To me it's a step forward for free enterprise and of course for beer! ---------- Thanks for sending your article Ken. You bing up an important subject. I agree with you that the best way to keep prices in check and increase the variety of beer in the marketplace is to allow free competition. I'd like to invite everyone to send me their own columns about anything related to beer/drinking/booze just as Henry did. I select the best and publish them here. So join in and get writing. Cheers! Bob |
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