The New Brunswick Liquor Control Act, which limits import of beer to 12 bottles by individuals, is facing a challenge by a resident from Tracadie in Gloucester County, New Brunswick, Canada.
Gerard Comeau, who was charged for importing 12 bottles of alcohol illegally into the province for Pointe-à-la-Croix, Quebec in 2012 has launched a constitutional challenge in Cambellton, New Brunswick over the right to buy beer in Quebec.
NB Liquor Corporation is responsible for the purchase, import, distribution, and retail activity for all beverage alcohol in the province.
NB Liquor Corporation senior vice-president Richard Smith said that the legislation which would prevent direct sale of alcohol by producers to consumers would leave NB out of business.
Arguing that the act is unconstitutional, Constitutional lawyer Arnold Schwisberg was quoted by The Brandon Sun as saying: "Section 121 of our Constitution Act ... specifies goods, produce and manufacture should be admitted free into all the other provinces."
The case is also being supported by the Canadian Constitution Foundation, reported The Canadian Press.
The Canadian Constitution Foundation litigation director Karen Selick said a ruling favorable in this case is expected to have implications beyond the alcohol trade.
"There are lots of other ways the provinces have over the years set up trade barriers that prevent goods from flowing from one province to another and we'd like to see those fall as well."
