R v Comeau, 2016 NBPC 3 (CanLII), <http://canlii.ca/t/gpr3f>, retrieved on 2017-03-10

R v Comeau, 2016 NBPC 3 (CanLII), <http://canlii.ca/t/gpr3f>, retrieved on 2017-03-10

Canada

Interprovincial trade

Constitutional law

federalism

This document is a decision of LeBlanc J (NBPC) in R. v. Comeau (R v Comeau, 2016 NBPC 3). Comeau was charged under the New Brunswick Liquor Control Act for having in his possession liquor that he purchased outside the Province of New Brunswick. Mr. Comeau had purchased 354 bottles or cans of beer and three bottles of liquor in Quebec and had brought these items into New Brunswick. At trial, he challenged the constitutional validity of the provincial legislation in question pursuant to s. 121 of the Canadian Constitution. Le Blanc J found in favour of Mr. Comeau, holding that the Liquor Control Act did violate the Canadian Constitution. In his decision, Le Blanc J wrote:

“I find that the speeches and orations from the Fathers of Confederation prior to the enactment of the British North America Act, 1867, conclusively point to their desire to implement free trade as opposed to the elimination of customs duties as between the provinces,”

The Attorney General of New Brunswick appealed this decision to the New Brunswick Court of Appeal. The Court of Appeal rejected the appeal in October, 2016. See: R v Comeau, 2016 CanLII 73665 (NB CA), <http://canlii.ca/t/gvd55>, retrieved on 2017-03-10.

New Brunswick Provincial Court per LeBlanc J.

R v Comeau, 2016 NBPC 3 (CanLII), <http://canlii.ca/t/gpr3f>, retrieved on 2017-03-10 

Canadian Legal Information Institute, online: www.canlii.org.

April 29, 2016

(c) New Brunswick Provincial Court

(c) Canadian Legal Information Institute, online: www.canlii.org.

R v Comeau, 2016 CanLII 73665 (NB CA), <http://canlii.ca/t/gvd55>, retrieved on 2017-03-10

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English

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New Brunswick Provincial Court Docket: 05672010

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