Article content continued

Comeau was fined $240 and administrative fees under New Brunswick’s Liquor Control Act for being in possession of a large amount of alcohol he had not purchased through his province’s liquor corporation.

The trial judge accepted Comeau’s argument the Liquor Control Act provision amounted to a trade barrier that violated Section 121 of the Constitution Act, 1867.

The Constitution Act section says, “All articles of the growth, produce, or manufacture of any one of the provinces shall, from and after the union, be admitted free into each of the other provinces.”

The New Brunswick attorney general was denied leave to challenge the trial judge’s decision in the provincial Court of Appeal, but the Supreme Court agreed to hear the case, ultimately siding with the province.

The ruling underscores a need to renegotiate last year’s interprovincial free-trade agreement, which contains pages of exemptions and creates secretive working groups, but fails to adequately address trade barriers, said Conservative MP John Nater.

“Canadians recognize the economic benefits of reducing interprovincial trade barriers,” he said. “It should not be illegal to work or to transport legal products across provincial lines.”

According to the Constitution you're allowed to go and shop wherever you want in this country, but I guess tax revenues are more important than personal liberties. Gerard Comeau

Prime Minister Justin Trudeau called the interprovincial agreement “a significant step” towards full free trade within Canada.

“We know there continue to be issues that will require further discussion with the provinces, but this is something that we’ve made significant progress on, and we will continue to.”