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A three-member judicial panel reserved its decision Tuesday on whether to overturn a previous court ruling that declared a grant program for craft beer brewers created by the Alberta government was unconstitutional.

The Court of Appeal panel heard arguments all day — but did not make a decision — in the Alberta Gaming, Liquor and Cannabis Commission’s appeal of last June’s court ruling, which found Alberta’s beer markup rates and corresponding small brewer grant program created a trade barrier and violated the Constitution’s free-trade provisions between provinces.

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At the time, the province was ordered to pay restitution of more than $2 million to Great Western Brewing of Saskatoon and Toronto-based Steam Whistle Brewing, both of which successfully argued that Alberta’s new beer policies discriminated against their products.

The province appealed that ruling, and on Tuesday AGLC lawyer Robert Normey argued the grant program — which was created in 2016 — was nothing more than a “legitimate attempt to support the local industry.” Normey said the program puts out-of-province brewers at no more disadvantage than Alberta brewers who try to sell their products in places like Ontario, where government-controlled liquor stores give preferential shelf space to local companies.