The Standard (St. Catharines)

Supreme Court decision puts cork in Niagara wine industry hopes

The Supreme Court has voted unanimousl­y in favour of leaving provincial trade barriers to alcoholic beverages unchalleng­ed

- ALLAN BENNER

IT’S DIFFICULT to imagine how successful Niagara wineries might be if inter-provincial trade barriers were eliminated.

“We don’t know what the impact would be because this has been our reality for as long as wineries have been in place,” said Winery and Grower Alliance of Ontario president and chief executive officer Aaron Dobbin.

He said the recent case of New Brunswick man Gerard Comeau — stopped by the RCMP and fined $292.50 for transporti­ng 14 cases of beer and three bottles of booze across the border from Quebec — gave the industry hope that laws would finally change.

Comeau won a local court case, arguing that provincial trade barriers contravene section 121 of the Constituti­on Act of 1867, which states that products from any province can be admitted “free into each of the other provinces.”

But that hope was dashed Thursday morning when Canada’s top court overturned Comeau’s win.

In its ruling, nine Supreme Court judges voted unanimousl­y in favour of the Crown’s appeal, ultimately leaving provincial trade barriers unchalleng­ed.

Dobbin called the decision a lost opportunit­y for Canadian wine producers, as well as consumers.

“This was an opportunit­y that just wasn’t taken up by the Supreme Court, so we’re quite disappoint­ed,” he said.

It was also disappoint­ing to people across Canada who continue to face limits in the amount of alcohol they can import from other parts of the country, he added.

“If you’re in Saskatchew­an and you want to buy a case of wine (from out of province) and ship it to Saskatchew­an, you can’t do that,” he said.

Although Grape Growers of Ontario chief executive officer Debbie Zimmerman shared the disappoint-

ment, she said it wasn’t unexpected.

“In a way we knew this was going to be an issue because of the jurisdicti­on of each of the provincial government­s, and constituti­onally they have been delegated the right to make those decisions,” she said, adding it is part of a “broader constituti­onal discussion that is going to have to happen.”

“We are disappoint­ed. We want people to have access to our products,” Zimmerman said.

“I think it’s going to take the provinces getting together to come up with an agreement on what they should be doing. It’s kind of like having a free trade discussion in your own country.”

St. Catharines MP Chris Bittle

“It’s going to take the provinces getting together to come up with an agreement.”

DEBBIE ZIMMERMAN

Grape Growers of Ontario

said he’d love to see Niagara wineries benefit by being able to have more access to other provinces. But the issue needs to be resolved by “government­s working together,” he said.

“It’s not something that the federal government can just pass a law and make happen.

“It’s something we are attempting to provide leadership on, but ultimately it will have to be an agreement between the provinces. It’s something we’re moving towards. It’s something we are working on, but it will require an agreement between the provinces.” Although the Canadian Free Trade Agreement came into effect last summer, alcoholic beverages were not included in that agreement. Instead, an Alcoholic Beverages Working Group was establishe­d to address that unresolved issue, and is expected to provide recommenda­tions by July 1. Dobbin said those recommenda­tions might provide another opportunit­y for change.

“That’s the next big opportunit­y for the provinces to take up the mantle and fix this situation,” he said.

“Nowhere else in the world in wine-making countries are domestic wineries prohibited from directly selling to the citizens of the country.”

Allan.Benner@niagaradai­lies.com

 ?? BOB TYMCZYSZYN THE ST. CATHARINES STANDARD ?? Wine industry representa­tives are disappoint­ed by a Supreme Court decision on inter-provincial trade barriers.
BOB TYMCZYSZYN THE ST. CATHARINES STANDARD Wine industry representa­tives are disappoint­ed by a Supreme Court decision on inter-provincial trade barriers.

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