Gerard Comeau likely never thought he would end up in the Supreme Court of Canada when he drove into Quebec to buy some cheap beer and bring it back to his New Brunswick home.

Comeau got a $292.50 fine for violating New Brunswick91裸聊视频檚 Liquor Control Act and his Supreme Court appeal, which closed after two days of presentations Thursday, could have ramifications for interprovincial trade across the country.

Lawyer Shea Coulson described the debate as a question how Section 121 of the Canadian Constitution should be interpreted, and whether or not it should extend into the areas viewed as belonging to the provinces.

Section 121 states items created in any province should be admitted freely into each of the other provinces. However, a precedent decision, known as Gold Seal, has allowed restriction that many provinces are using to block wine, beer and other alcohol across provincial borders.

91裸聊视频淕old Seal says that section 121 of the constitution is limited to protecting against tariff barriers only. It does not include non-tariff barriers,91裸聊视频� said Coulson, who represented a group of intervenors from the B.C. wine industry to the court 91裸聊视频� Curtis Krouzel (50th Parallel Estate), Ian MacDonald (Liquidity Wines), Jim D91裸聊视频橝ndrea (Noble Ridge Vineyard and Winery), Christine Coletta (Okanagan Crush Pad Winery) and John Skinner (Painted Rock Estate Winery).

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Sandra Oldfield, the former owner of Tinhorn Creek Vineyards in Oliver, travelled to Ottawa to observe the appeal case. Some of the conversations, she said, suggested local businesses would lose income and provinces would lose taxation revenue by freeing up interprovincial trade in spirits.

91裸聊视频淚 don91裸聊视频檛 really see where alcohol should be singled out for that. They91裸聊视频檙e already getting provincial taxes and everything on alcohol,91裸聊视频� she said, noting that when B.C. didn91裸聊视频檛 seem to suffer when it lowered trade barriers five years ago, one of only three provinces to do so after Bill C-311 91裸聊视频� introduced by MP Dan Albas 91裸聊视频� eliminated the federal blocks.

Coulson presented arguments that there is currently no national market for liquor in Canada, due to the current interpretation of Section 121 and Gold Seal.

91裸聊视频淎s a result small and boutique producers of Canadian wines find themselves shackled to the limits of their physical location in their province. They cannot access a national market, and thus, they cannot grow beyond a small regional industry,91裸聊视频� said Coulson to the Supreme Court justices.

Celebrating the BC wine intervention in the Supreme Court Comeau case!

91裸聊视频� Richard Cannings (@CanningsNDP)

B.C. was one of three provinces that relaxed interprovincial trade barriers after Bill C-311 was passed five years ago. Oldfield said it hasn91裸聊视频檛 seemed to have hurt the B.C. wine industry, which has continued to grow.

91裸聊视频淚t91裸聊视频檚 not like we91裸聊视频檝e had a flood of Ontario wines; if they91裸聊视频檝e come in, in any amount, it certainly hasn91裸聊视频檛 hurt our industry,91裸聊视频� said Oldfield. 91裸聊视频淚91裸聊视频檝e never been a big believer that opening up the borders is going to take something away from the liquor board or the other side.

91裸聊视频淲hen Canadians are exposed to more Canadian wine, they are going to drink more Canadian wines.91裸聊视频�

Coulson and other intervenors argued that Section 121 was intended to create a national common market, balanced with appropriate protections for regional interests. That, he said, showed a need for a test to determine if provincial provisions are exclusionary, or served a real provincial need.

91裸聊视频淚t seems that most of the court recognizes that the trade barriers that do exist in Canada, particularly in relation to alcohol, are issues but some of the judges are questioning whether the court should be the one to resolve those issues, or should it be the government.

Noting that there doesn91裸聊视频檛 seem to be a problem with people having access to cheap Australian wines across the country, Oldfield said the industry91裸聊视频檚 desire isn91裸聊视频檛 to flood other provinces with B.C. wine.

91裸聊视频淲e should be able to forge a relationship with someone who walks in the winery door,91裸聊视频� said Oldfield. 91裸聊视频淭hey want to be able to continue the relationship by joining our wine club and we want to be able to fulfill that order.91裸聊视频�