From the BCWI's
press release:
KELOWNA, April 19,
2018 - The British Columbia Wine Institute and its members today expressed
disappointment with the Supreme Court of Canada's ruling on Her Majesty the
Queen v. Gerard Comeau. The case challenged restrictions on interprovincial
trade, an issue the BCWI and the Canadian Vintners Association (CVA) has been
working on for over a decade.
This morning at 9:45
a.m. (EST) the Supreme Court of Canada has ruled on Her Majesty the Queen v.
Gerard Comeau. The ruling states the following: Section 121 does not impose
absolute free trade across Canada.
"The Court's
ruling today is disappointing for the BC wine industry." Said Miles Prodan
President & CEO of the BCWI. "We will continue our work both directly
and through the CVA with the federal / provincial / territorial governments' Alcoholic
Beverages Working Group, industry, governments and the provinces to remove the
barriers and allow winery direct shipping to customers across Canada."
"We respect the
Court's ruling but are disappointed at this missed opportunity to remove
interprovincial trade restrictions," said Dan Paszkowski, President &
CEO of the CVA. "Removing restrictions would have opened the door to
allowing consumers to order wine for direct delivery to their home from any
Canadian winery located in any province. We call that Direct-to-Consumer, it is
something nine out of 10 Canadians believe should be permitted, and we now
eagerly await the provinces making this choice available to their
citizens."
In October 2012,
Gerard Comeau of New Brunswick purchased beer and spirits in Quebec and drove
back to New Brunswick. He was charged with possessing liquor purchased from
outside the province in quantities that exceeded the province's prescribed
limit, an offence under section 134 of the New Brunswick Liquor Control Act.
The trial judge held that section 134(b) of the Liquor Control Act constitutes
a trade barrier (violating section 121 of the Constitution Act, 1867) and
dismissed the charge against Mr. Comeau. The case subsequently made its way to
the Supreme Court.
"It's important
to recognize that interprovincial trade barriers affect a range of industries,
including wine." Says Paszkowski.
Unfair
interprovincial trade barriers have impeded Canada's wine industry growth and
prevented consumers from purchasing the Canadian wines of their choice.
"This morning's
ruling is disappointing for our industry. Every wine producing nation in the
world has direct sales within its own country" said Tony Stewart,
Proprietor & CEO of Quails' Gate Winery. "Canada needs to correct this
so that we can start to create a level playing field with the rest of the
world."
Canada's wine
industry had seen the ruling as a way to open the doors to direct-to-consumer
wine purchases across the country, something consumers believe should be done.
Direct-to-Consumer
wouldlead to important growth for the country's highest value agricultural
industry. Indeed, free interprovincial trade would positively impact the
economy across the country. Industry research shows that for every $1.00 spent
on Canadian wine in Canada, $3.42 in Gross Domestic Product (GDP) is generated
across the country.
