NB Liquor tried to increase personal alcohol import limit in 2011

NB Liquor's board approved a new "national" standard for the amount of alcohol a person can bring into New Brunswick for personal use five years ago, but the New Brunswick government never followed through with matching legislation.

The attempted move to higher limits for personal alcohol importation is outlined in provincial court Judge Ronald LeBlanc'sacquittal of Grard Comeau on a charge of violating the Liquor Control Act by bringing too much alcohol into New Brunswick from Quebec.

• New Brunswick judge throws out cross-border booze limits
• Federal government backs move to liberalize flow of alcohol between provinces

New Brunswick's liquor laws allow a person to bring one bottle ofliquor or wine into the province for personal useor 12 pints of beer.

However, LeBlanc ruled Friday in the Comeau case that regulationviolates the free trade provisions in the Constitution Act of 1867 and dismissed the charges.

NBLiquor has refused to comment on the court decision to date. The New Brunswick government has also refused to comment.

Premier Brian Gallant dodged repeated questions from several reporters onTuesdayon the substance of the court decision and on what basis the province will decide whether to appeal.

Gallant dodges questions on liquor ruling

8 years ago

Duration 2:20

Premier Brian Gallant keeps mum on the recent decision to throw out cross-border booze limits.

2011 policy change

However, LeBlanc's 98-page ruling shows NB Liquor's board of directors approved apolicy change at its October 2011board meeting to allow New Brunswickersto bring in greater amounts of alcohol from other provinces.

The "reasonable quantities" outlined in the policy were:

• Three litres of spirits
• Nine litres of wine
• 24 litres of beer (about 70 bottles)

The New Brunswick policy was identical to one adopted in Nova Scotia and it matched the quantities adopted in Ontario and Nova Scotia.

NB Liquor's board of directors adopted the new policy after being approached in June 2011 by the Canadian Association of Liquor Jurisdictions with a resolution to support the ability of individuals to transport "reasonable quantities of liquor" across provincial and territorial boundaries in Canada.

Each jurisdiction would determine the quantity that was reasonable.

"It would appear that such a policy represented national standards," wrote LeBlancin his decision.

Increase never happened

The higher personal limit was never put into place in New Brunswick.

"The Department of Public Safety, responsible for the Liquor Control Act in New Brunswick, did not actively pursue the request for modification to its legislation," wrote LeBlanc.

When Comeau was stopped in asting operation in Campbelltonin October 2012, the retired NB Power linemanfrom Tracadiepossessed

• 48 bottles of Sleeman's Light beer.
• 48 bottles of Miller Genuine Draft beer.
• 48 bottles of Molson M beer.
• 60 bottles of Budweiser Light beer.
• 60 bottles of Budweiser beer.
• 90 cans of Coors Light beer.
• Two bottles of whiskey, 750ml per bottle.
• One bottle of Stinger Premixxx liqueur, 1.4 litre.

Gallantsupports more open trade

The provincial government has not yet indicated whether it will appeal LeBlanc's decision. It has 30 days to file an appeal.

In Fredericton on Tuesday, the New Brunswick premier told reporters he is all for freetrade within Canada, but wouldn't comment on the Comeau decision.

"Of course, we want to make sure we are, as a country, one in which you can do business in the provinces and the territories as much as possible," said Gallant. "However, specifically to the court case that was laid a few days ago, we're going to analyze it, we'll look into the details, then we'll decide how we proceed."

R v Comeaudecision

• Mobile users - R v Comeau decision