The man who challenged restrictions on transporting alcohol across provincial borders and took his legal fight all the way to the Supreme Court of Canada says heâs ânot reallyâ surprised by the top courtâs decision to uphold the current law.
Gerard Comeau, a New Brunswick man who was fined $240 plus administrative fees in 2012 for driving across the border to Quebec to buy several cases of beer and some liquor, said he will now have to live with the unpopular cross-border booze rules.
âYou canât go any higher than the Supreme Court,â he told ŰÎŰ´ŤĂ˝ Channel on Thursday, adding that he wonât be trying to lobby for changes to the law in any other way.
In a , the Supreme Court affirmed the constitutionality of the New Brunswick law that prohibits people from bringing in alcohol from other provinces.
The courtâs decision effectively preserves the current trade rules within Canada, saying provinces have the power to enact laws that restrict commerce if there is another overriding purpose. In Comeauâs case, that purpose was the desire to control the supply of alcohol within New Brunswick, the court said.
Comeau said Thursday that even though he wasnât surprised or necessarily disappointed by the Supreme Courtâs decision, he does not agree with it.
âAccording to the Constitution, you should be allowed to go shop wherever you want, in unlimited quantity and take it home,â he said.
Comeau said many supporters of his âfree the beerâ fight have told him he should win the case because itâs âcommon sense,â but he believes the decision goes against the Constitution.
Ian Blue, one of the lawyers who represented Comeau, said Thursday his team is âvery disappointedâ by the Supreme Court ruling.
âThe court obviously made a political judgment to maintain the status quo in Canada,â Blue told ŰÎŰ´ŤĂ˝ Channel.
Despite the legal defeat, Comeau said he never ended up having to pay the fine for breaking the rules in 2012. But he wonât be doing any more cross-border booze shopping.
âIf itâs illegal, itâs illegal,â he said.
With files from The Canadian Press