N.B. to appeal cross-border booze ruling
A variety of beer. (Shebeko/shutterstock.com)
The Canadian Press
Published Friday, May 27, 2016 1:49PM EDT
FREDERICTON -- The New Brunswick government will appeal a court ruling in April that effectively threw out limits on cross-border alcohol imports.
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.
Beer near the border in Quebec is about half the price charged in New Brunswick, but the Liquor Control Act prohibits anyone in New Brunswick from having more than 12 pints of beer that wasn't purchased through a liquor store in the province.
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.
But in its notice of appeal, the Crown says the judge erred in his legal interpretation of section 121 of the Constitution Act and his interpretation of section 134 of the Liquor Control Act.
No date has been set for the court to hear an appeal.