In light of the New Brunswick government’s decision to appeal the landmark Comeau decision on interprovincial alcohol transportation, Conservative MP Dan Albas renewed a call Monday for the Liberal government to refer the ruling to the Supreme Court.
Almost a month after a New Brunswick judge dismissed charges against 62-year old Gérard Comeau for importing 14 cases of beer and three bottles of liquor into the province from Québec, Brian Gallant’s Liberal government announced Friday that they’re appealing.
They’re arguing the judge incorrectly interpreted section 121 of the Constitution Act.
Section 121 states that “All Articles of the Growth, Produce, or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces”.
But a 1921 ruling subsequently opened the door for restrictions.
“Regrettably, last week the province announced they will be appealing this (Comeau) ruling,” Albas said Monday in the house of commons foyer, joined by deputy Conservative leader Denis Lebel.
“Simply put, we are asking that the Liberal government elevate the Comeau case to the Supreme Court for constitutional clarification…We have a real opportunity here that wasn’t available before the Comeau decision,” he said.
Though the Comeau decision only involved alcohol, Albas would like the Supreme Court to give a broader interpretation.
Innovation, Science and Economic Development Minister Navdeep Bains has said he welcomes the Comeau decision, but has skirted questions about a Supreme Court reference.
The New Brunswick government’s decision to appeal comes as the provinces and territories, with the encouragement of Bains, try to conclude negotiations for an enhanced Agreement on Internal Trade (AIT).
The provinces and territories were supposed to conclude those talks by March 2016, a deadline established when the Conservatives were in power and James Moore was industry minister.
There hasn’t been any indication since the missed deadline that a new agreement is imminent.
Lebel suggested Monday that the New Brunswick appeal could be seen as evidence the political will isn’t there.
“We think it (the Agreement on Internal Trade) would be the best way, but in the current context — with the judgment that just took place, and the appeal of that judgement — that demonstrates to us that the provinces might not be ready to go in that direction,” he said in French.
Following question period, Bains acknowledged there can be a “mentality to protect your own jurisdiction” and a “revenue issue” for some provinces.
But he continued to insist the AIT was the best approach.
“I very much support the free flow of alcohol from one jurisdiction to the other, particularly amongst provinces and territories. I think it’s a very important step,” he said of the Comeau decision.