On April 19, 2018, in R. v. Comeau, 2018 SCC 15, the Supreme Court of Canada ruled that New Brunswick was within its rights to control the flow of beer across its provincial borders: unrestrained interprovincial free trade in Canada (at least for beer) is still a pipedream. But imbedded in the Court’s judgment were seeds that, properly fertilized and irrigated, may well grow into a more robust protection of economic union.
Mr. Comeau had decided that he wanted to bring some cheaper Quebec beer and other alcohol across the Québec/New Brunswick border. The police in New Brunswick were lying in wait for him and charged him with a violation of the New Brunswick Liquor Control Act. At trial, he challenged the constitutionality of s. 134(b) of the Liquor Control Act, arguing that it contravened s. 121 of the Constitution Act, 1867.