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Comeau is really asking for something very simple: that the court enforce the Constitution’s plainly stated protection of free inter-provincial trade, which goes all the way back to 1867. But because of a politically tainted 1921 Supreme Court decision, which interpreted the free-trade provision so narrowly that it was deemed to prohibit only customs duties imposed at the border, a complex web of protectionist alcohol laws has been allowed to develop.

Well, the time has finally come to realign those laws with the Constitution and with reality. Comeau is far from alone in his habit of taking advantage of the roughly 50 per cent less expensive alcohol in Quebec by making cross-border beer runs. This is a normal part of many New Brunswick residents’ routines, and chances are good that few of them even realize they’re breaking law.

The government of New Brunswick is pleading poverty. How will it be able to maintain revenues for the cash-starved province if it can’t maintain its liquor monopoly? The worry over money shouldn’t be enough to justify an unconstitutional law (balancing the books without violating citizens’ rights isn’t too much to ask). But given how much business Quebec alcohol sellers are already seeing from New Brunswick-based customers despite the current law, one wonders whether this is even a relevant fear.

The Washington, D.C.,-based Cato Institute recently blogged about Gerard Comeau’s case, noting: “Through NAFTA, Canadians have (mostly) free trade with the United States. It would be nice if they also had free trade with each other.” Almost all levels of Canadian governments agree in theory. But in practice, they’re still going after people like Gerard Comeau.

Free trade between provinces was viewed as an essential part a Canadian union. That’s why it was included in Section 121 of the Constitution Act, 1867. It could be that, after all these decades, a retired steelworker from New Brunswick will the one to make that concept a reality.

National Post

msoupcoff@theccf.ca

Marni Soupcoff is executive director of the Canadian Constitution Foundation (theccf.ca.), which is supporting Gerard Comeau’s case.