BEER AND BORDERS

Supreme Court of Canada ruling preserves current trade regime which allows provinces to restrict commerce if there is an overriding purpose // B1

FREDERICTON — A New Brunswick man whose beer run to Quebec in 2012 sparked a constitutional question over crossborder liquor sales says Thursday’s high court decision will mean an end to his beer-buying trips.

Gerard Comeau was reacting to a ruling by the Supreme Court of Canada that affirmed the constitutionality of a New Brunswick law limiting the possession of alcohol not purchased through the province’s liquor stores. “If it’s against the law, it’s against the law,” Comeau said Thursday.

The unanimous decision effectively preserves the current trade regime, in which provinces have the power to enact laws that restrict commerce if there is another overriding purpose — in this case, the desire to control the supply of alcohol within New Brunswick.

Comeau was fined nearly $300 in 2012 after buying 14 cases of beer and three bottles of alcohol in Quebec.

“According to the Constitution you’re allowed to go and shop wherever you want in this country, but I guess tax revenues are more important than personal liberties,” he said.

The decision was welcomed by Roger Melanson, New Brunswick’s minister responsible for trade policy.

“This confirms that the provinces have the right to regulate when it comes to alcoholic beverages. But it also affirms that this is no more a legal issue, it is a trade issue,” he said.

But he stressed NB Liquor revenues — about $170 million a year — can’t be overlooked.

“That revenue is redistributed within the province for common good, which includes health care services, education and infrastructure,” he said.