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That New Brunswick consumers can still find some reasonable beer savings in Quebec, with its own high taxes and protectionism, speaks to the need to remove interprovincial tariff barriers in Canada. This case demonstrates how barriers to the free movement of goods increase prices for Canadian families and businesses from one end of the country to the other.

New Brunswick’s premier, Brian Gallant, says he favours more open trade between provinces. But if that is true, he should amend the law and allow people to buy alcohol from anywhere in Canada. Instead, he has not ruled out an appeal. He left his public safety minister, Stephen Horsman, to explain the government’s position. After the ruling, Horsman said he believes the law remains in force despite the judge’s decision. It is becoming clear the provincial government won’t give up control over consumer choice easily.

According to Luc Labonté, director of the province’s Public Prosecutions Services, the law restricting liquor imports remains in effect because “in theory” the court ruling applies only to the person who brought the case — Mr. Comeau. “The Provincial Court does not have the jurisdiction to strike down a law in a general way as it applies to all citizens,” he said.

The Supreme Court of Canada has stated only superior courts — not provincial courts — can invalidate a law. Consequently, Judge LeBlanc’s decision is not a binding legal precedent, but it is a persuasive precedent. And it puts police and the Crown in a difficult position over whether or not to enforce a law that has been declared invalid.