- Written by Mark Hicken Mark Hicken
- Category: Latest News Latest News
- Published: 27 May 2016 27 May 2016
The New Brunswick government has filed an appeal of the "cross-border" liquor case that was decided last month (the Comeau case) and which held that provincial liquor laws could not impede the "free trade zone" guaranteed by s.121 of the Constitution. The appeal goes directly to the New Brunswick Court of Appeal (skipping an intermediate level of court) and contends that the judge made errors of law in interpreting s.121. One of the primary appeal arguments is that the judge did not follow older decisions of the Supreme Court of Canada that interpreted s.121 in a much more restrictive manner. The CBC news report on the appeal is here: New Brunswick appeals cross-border liquor case. The appeal is not surprising given the importance of the issues in this case.