Conservatives call for Comeau case referral to Supreme Court

The federal Conservatives arecalling for the Trudeau government to refer a New Brunswick courtcase dealing with theinterprovincialmovement of alcohol for personal use to the Supreme Court of Canada.

Official Opposition Deputy Leader Denis Lebel and interprovincial trade critic Dan Albassaid the case of Gerard Comeau can be used to clarify Section 121 of the Constitution dealing the interprovincialtrade.

The Supreme Court "should also comment on which products, jurisdictions and types of barriers are covered by the Comeau ruling," Albas saidin a statement released on Monday.

In April, provincial court Judge Ronald LeBlanc dismissed a charge against Comeau of violating the New Brunswick LiquorControl Act by bringing 14 cases of beer and three bottles of alcohol into New Brunswick from Quebec.

The province's liquor regulationsonly allow for the importation of 12 pints of beer or one bottle of alcohol or wine for personal use.

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LeBlanc ruled the liquor regulation violated free-trade provisions inSection 121 of the Constitution Act, which states: "All articles of the growth, produce or manufacture of any of the provinces shall, and from and after the Union, be admitted free into each ofthe other provinces."

On Friday, the New Brunswick government announced it is seeking leave to appeal the Comeau ruling directly to the New Brunswick Court of Appeal.

The federal Consevativesare also calling on the federal government to act as an intervener if the Court of Appeal agrees to hear the Comeau appeal.

"It is time to free the beer and free the Canadian economy," said Lebel. "Free trade between Canadians is a constitutional right."

The Conservatives point to a report from theCanadian Federation of Independent Business that estimates internal trade barriers cost the Canadian economy $14 billion.