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Stakes are high for the wine industry

Supreme court hears arguments for limiting interprovincial trade in wine and other spirits
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New Brunswick Crown prosecutor Bill Richards lays out the arguments supporting provincial rights to regulate liqour crossing their borders for the Supreme Court of Canada Tuesday morning. (Photo courtesy Supreme Court of Canada)

Gerard Comeau likely never thought he would end up in the Supreme Court of Canada when he drove into Quebec to buy some cheap beer and bring it back to his New Brunswick home.

Comeau got a $292.50 fine for violating New Brunswick鈥檚 Liquor Control Act, and his Supreme Court appeal, which started today, could have ramifications for interprovincial trade across the country.

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Sandra Oldfield, the former owner of Tinhorn Creek Vineyards in Oliver, travelled to Ottawa to observe the appeal case. The first day, she said, involved the justices listening to arguments and presentations from attorneys-general representing most of the provinces.

鈥淭hey鈥檙e definitely making the case for the provinces and the liquor board,鈥 she said, referring to existing regulations most provinces have limiting interprovincial trade in spirits, beer and wine.

鈥淚t was definitely interesting hearing that side. There are two sides to everything and it was interesting to hear them all in one day,鈥 said Oldfield, who has been involved in the #freemygrapes for several years.

Some of the conversations, she said, suggested local growers would lose income and provinces would lose taxation revenue by freeing up interprovincial trade in spirits.

鈥淚 don鈥檛 really see where alcohol should be singled out for that. They鈥檙e already getting provincial taxes and everything on alcohol,鈥 she said, noting that when B.C. didn鈥檛 seem to suffer when it lowered trade barriers five years ago, one of only three provinces to do so after Bill C-311 鈥 introduced by MP Dan Albas 鈥 eliminated the federal blocks.

Though some provinces increased their own barrier regulations in the wake of C-311, Oldfield said the B.C. wine industry has continued to grow.

鈥淚t鈥檚 not like we鈥檝e had a flood of Ontario wines; if they鈥檝e come in, in any amount, it certainly hasn鈥檛 hurt our industry,鈥 said Oldfield. 鈥淚鈥檝e never been a big believer that opening up the borders is going to take something away from the liquor board or the other side. ,鈥 said Oldfield. 鈥淚鈥檝e always seen it as the pie gets bigger, it grows.

鈥淲hen Canadians are exposed to more Canadian wine, they are going to drink more Canadian wines.鈥

Oldfield said the justices were well-informed on the issues and relevant past cases.

鈥淚t鈥檚 been pretty impressive to see the justices, to be in that room and see the depth of their knowledge. It鈥檚 pretty overwhelming, I would say,鈥 said Oldfield.

The appeal continues tomorrow, including a presentation from intervenors representing the B.C. Wine industry: Curtis Krouzel (50th Parallel Estate), Ian MacDonald (Liquidity Wines), Jim D鈥橝ndrea (Noble Ridge Vineyard and Winery), Christine Coletta (Okanagan Crush Pad Winery) and John Skinner (Painted Rock Estate Winery).