The Guardian (Charlottetown)

Ruling today on border beer case

- BY KEVIN BISSETT

A New Brunswick retiree who just wanted to buy cheaper suds is about to find out if his 2012 beer run to Quebec will change the nature of Confederat­ion.

The Supreme Court of Canada is to make a key ruling today on interprovi­ncial trade, in a case that began when Gerard Comeau was stopped by police with 14 cases of beer and three bottles of liquor in his trunk.

“I’m a Canadian citizen. I can go and shop wherever I want. You can buy clothes, shoes, jewellery, everything and bring it over. How come beer is limited?” Comeau said Wednesday from his home in Tracadie, a small community in the northeast of the province.

The low-key, 64-year-old retired NB Power linesman was fined nearly $300.

But a New Brunswick trial judge ruled that the charge violated constituti­onal law, overturnin­g a ban on bringing alcohol across provincial boundaries.

It quickly became a test case with wide implicatio­ns.

Comeau’s lawyer has 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. Some trade experts have said a Comeau victory could trigger lawsuits across the country seeking to dismantle similar government-run corporatio­ns for cannabis.

Many provinces have intervened in the case against Comeau, while a team of lawyers with an interest in the constituti­onal issues offered to represent him for free, and the Canadian Constituti­on Foundation volunteere­d its assistance.

He said he never would have been able to afford the legal fight without the help.

At issue is a section of the New Brunswick Liquor Control Act prohibitin­g anyone in the province from having more than 12 pints of beer not purchased through a liquor store in the province.

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