Cross-border alcohol limits appeal expected to attract industry interveners
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Errol Willis
There is no way that the
current trade barrier between provinces will stand up. NB stands to lose
a lot, but I'm ok with that since they have gouged people in this
province for decades on liquor products. Next in line is the exorbitant
and punitive duty being paid on alcohol products being brought across
the US/NB border. A $58 bottle of liquor was levied $127 + tax duty at
the Calais crossing last year. Needless to say, I turned around and
returned it to the duty free store. A quick check online shows the same
product in other provinces warranted a $30 duty.
David Raymond Amos
@Errol Willis A quick check online of my blog easily proves that CBC is not acting ethically again today Nesy Pas?
Mike Sampson
Politicians always want to
protect their power and their ability to control your life. It is insane
that we don't have free trade within our own country, yet our
politicians scream that the Americans are not treating us fairly with
regards to our trade with them. How about treating your citizens fairly?
David Raymond Amos
@Mike Sampson Trust that many folks agree with you and that the politicians quite simply don't care what we think.
Michael Hunt
Michael Hunt
The time has come to get rid
of these self serving politicians who only look after them selves and
big business and get a government that is for the tax payers .
Content disabled.
David Raymond Amos
@Michael Hunt Methinks their many lawyers should start reading their own rules N'esy Pas?
https://www.scribd.com/document/100205258/Attorney-General-s-Policy-Public-Prosecutions#page=1
https://www.scribd.com/document/100205258/Attorney-General-s-Policy-Public-Prosecutions#page=1
David Raymond Amos
@David Raymond Amos OH My My Why on earth would CBC block a link to a Public Prosecution manual for New Brunswick?
Dave Brown
The Canadian Constitution is
clear and unequivocal. The ruling cited by opponents of Canadian
internal free trade was influenced by political factors of the day.
No supreme court ruling should be subject to the whims of politics. Did we learn nothing from harper's attempts to re-write and circumvent the constitution?
If the forces that support trade restrictions in Canada are valid and sufficiently strong, there is a procedure to amend the Constitution.
No supreme court ruling should be subject to the whims of politics. Did we learn nothing from harper's attempts to re-write and circumvent the constitution?
If the forces that support trade restrictions in Canada are valid and sufficiently strong, there is a procedure to amend the Constitution.
David Thompson
@Stewart Campbell This may
be, or may not be, one of the few constitutional issues Harper did not
weigh in on on the wrong side of the law. If there was a correct side to
a constitutional issue, the Harpercrits avoided it.
David Raymond Amos
@David Thompson Now that is true
Stewart Campbell
Canada and the provinces are
negotiating a free trade agreement with the US and Mexico and here we
have a greedy bunch of provincial politicians arguing for road blocks to
free trade within our own country. If this doesn't show how stupid and
greedy they are, nothing will. Hopefully the Supreme Court will defend
the citizens against this bunch of yahoos by interpreting the
constitution as it is written.
David Raymond Amos
@Stewart Campbell Have you ever heard of this Trump lawyer? Trust that I have spoken with him several times.
From: Michael Cohen
Date: Tue, 14 Feb 2017 14:15:14 +0000
Subject: Automatic reply: RE FATCA ATTN Pierre-Luc.Dusseault I just
called and left a message for you
To: David Amos
Effective January 20, 2017, I have accepted the role as personal
counsel to President Donald J. Trump. All future emails should be
directed to xxxxxx@gmail.com and all future calls should be
directed to 646-.
From: Michael Cohen
Date: Tue, 14 Feb 2017 14:15:14 +0000
Subject: Automatic reply: RE FATCA ATTN Pierre-Luc.Dusseault I just
called and left a message for you
To: David Amos
Effective January 20, 2017, I have accepted the role as personal
counsel to President Donald J. Trump. All future emails should be
directed to xxxxxx@gmail.com and all future calls should be
directed to 646-.
Colin Seeley
Free Trade across provincial needs to happen now.
10 Liqour Control boards stand to be eliminated.
That' a very good thing.
Sale of liquor needs to be privatized as well .
There is no need for a govt monopoly for sales of Liquor.
10 Liqour Control boards stand to be eliminated.
That' a very good thing.
Sale of liquor needs to be privatized as well .
There is no need for a govt monopoly for sales of Liquor.
David Thompson
@Colin Seeley There is no
monopoly in B.C., and yet the minimum-wage (quite low for liquor
salespeople) operated private stores charge higher prices than the LCB
stores staffed by trained, unionized workers with benefits and decent
wages. Private and efficient, or inexpensive, are not close to being
synonyms.
.
David Raymond Amos
@Colin Seeley Forget the booze for a bit and consider everything.
Methinks ALL the politicians have thing backasswards as usual.
In my humble opinion there should be Free Trade across all our provincial borders and NOT across our Federal Borders
Methinks ALL the politicians have thing backasswards as usual.
In my humble opinion there should be Free Trade across all our provincial borders and NOT across our Federal Borders
Ray G. Moss
Good by liquor control boards
and all the poor civil servants, the taxpayer may come out a little a
head. We need automated check outs in liquor stores, one person checking
IDs at the front door is enough.
David Raymond Amos
@Ray G. Moss I agree
David Raymond Amos
David Raymond Amos
@David Raymond Amos Need I
say that I find it rather interesting that the lawyers will be arguing
the federal constitution in light of the fact that New Brunswick has no
constitution at all? Hence who has more power and control over what comes and goes in NB the Supreme Court Canada or the Premier of NB?
Rex Yuan
Good. Consumers have been
subsidizing industries through higher prices (and less choices) for
decades. It's time for the Supreme Court of Canada to intervene and
give effects to our Constitution Act. A favourable decision could be
a booster to our economy even if Trump tears up Nafta.
David Raymond Amos
@Rex Yuan Heres hoping Trump
makes good on that tough talk to his fellow Yankees. The sooner NAFTA is
history the better for all Canadians
stephen blunston
this just shows how greedy
and useless our governments in this country are .. stop wasting hard
earned tax payer dollars to fight their protectionist attitudes . they
just like to be able to control how much everything cost so they can
gouge us further . booze taxes and fees tax fees on gas and tobacco,
power all a scam because none of the nimrods ever went to school to
learn how to balance a chq book ,
I live in NB within 45 min of the largest refinery on the east coast north America but these idiots sell it to quebec and the US for cheaper then here
I live in NB within 45 min of the largest refinery on the east coast north America but these idiots sell it to quebec and the US for cheaper then here
David Raymond Amos
@stephen blunston Well put sir
Stephen Green
So why are there these inter-provincial trade barriers in the first place?
1. Revenue via taxation at the Provincial level for the product.
2. At one time taxes for goods leaving Central Canada were less, than those leaving Western Canada - protection of Central Canadian Jobs.
So, how to fix? Maybe one central tax at the Federal level to be dispersed using some sort of formulae. May one set price for a particular product (like alcohol) so prices are the same throughout Canada.
1. Revenue via taxation at the Provincial level for the product.
2. At one time taxes for goods leaving Central Canada were less, than those leaving Western Canada - protection of Central Canadian Jobs.
So, how to fix? Maybe one central tax at the Federal level to be dispersed using some sort of formulae. May one set price for a particular product (like alcohol) so prices are the same throughout Canada.
Of course that would weaken Provincial powers of taxation - a problem.
David Raymond Amos
@Stephen Green All Parliament
has to do is merely take the proper steps to amend an ancient and
senseless portion of the Constitution by merely deleting it in its
entirety. Once Free Trade is allowed throughout Canada the prices of
products (not just booze) would adjust to suit the new status quo
without governmental interference.
---------- Original message ----------
From: David Amos motomaniac333@gmail.com
Date: Wed, 23 Aug 2017 17:05:09 -0400
Subject: Gee I wonder if Dan Albas or CBC ever bothers to read their emails?
To: Dan.Albas@parl.gc.ca, Dan.Albas.c1@parl.gc.ca, Matt.DeCourcey@parl.gc.ca, Matt.DeCourcey.c1@parl.gc.ca, David.Coon@gnb.ca, hugh.flemming@gnb.ca, oldmaison
On 5/31/16, David Amos motomaniac333@gmail.com wrote:
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 31 May 2016 05:12:22 -0400
Subject: Fwd: Denis Lebel wants a matter about BEER to go before the
Supreme Court? HMMM Methinks I may go there some day as well
To: Dan.Albas@parl.gc.ca, Dan.Albas.c1@parl.gc.ca, "Matt.DeCourcey"
<Matt.DeCourcey@parl.gc.ca>, Matt.DeCourcey.c1@parl.gc.ca,
"David.Coon" <David.Coon@gnb.ca>, "hugh.flemming"
<hugh.flemming@gnb.ca>, oldmaison <oldmaison@yahoo.com>,
"terry.seguin" <terry.seguin@cbc.ca>, "justin.trudeau.a1"
<justin.trudeau.a1@parl.gc.ca>
<sylvie.gadoury@radio-canada.
<Leanne.Fitch@fredericton.ca>, "roger.l.brown"
<roger.l.brown@rcmp-grc.gc.ca>
<Wayne.Gallant@rcmp-grc.gc.ca>
Cc: David Amos <david.raymond.amos@gmail.com>
---------- Forwarded message ----------
From: denis.lebel@parl.gc.ca
Date: Mon, 30 May 2016 18:24:48 +0000
Subject: RE: Denis Lebel wants a matter about BEER to go before the
Supreme Court? HMMM Methinks I may go there some day as well
To: motomaniac333@gmail.com
Bonjour,
Au nom de l'honorable Denis Lebel, député de Lac-Saint-Jean, nous
accusons réception de votre correspondance.
Soyez assuré(e) que votre correspondance sera traitée avec considération.
Sincères salutations,
L'équipe de l'honorable Denis Lebel, député
------------------------------
Greetings,
On behalf of the Honourable Denis Lebel, Member of Parliament for
Lac-Saint-Jean, we wish to acknowledge receipt of your correspondence.
Please be assured that your correspondence will receive careful consideration.
Best regards,
The team of Honourable Denis Lebel, Member of Parliament
---------- Forwarded message ----------
From: "Gallant, Premier Brian (PO/CPM)" <Brian.Gallant@gnb.ca>
Date: Mon, 30 May 2016 19:15:56 +0000
Subject: RE: Denis Lebel wants a matter about BEER to go before the
Supreme Court? HMMM Let see what the pervert Barry Winters thinks of
this
To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Premier of New Brunswick.
Please be assured that your email has been received, will be reviewed,
and a response will be forthcoming.
Once again, thank you for taking the time to write.
Merci d'avoir communiqué avec le premier ministre du Nouveau-Brunswick.
Soyez assuré que votre courriel a bien été reçu, qu'il sera examiné
et qu'une réponse vous sera acheminée.
Merci encore d'avoir pris de temps de nous écrire.
Sincerely, / Sincèrement,
Mallory Fowler
Correspondence Manager / Gestionnaire de la correspondance
Office of the Premier / Cabinet du premier ministre
http://www.cbc.ca/news/canada/new-brunswick/border-alcohol-supreme-court-comeau-albas-1.4257584
Cross-border booze appeal a chance to hit reset on interprovincial trade, MP says
Dan Albas urges Canadians to contact their MPs about case of an N.B. 'hero' now heading to Supreme Court
By Bobbi-Jean MacKinnon, CBC News Posted: Aug 22, 2017 7:58 PM ATA Conservative MP in British Columbia is urging Canadians to contact their members of Parliament about the New Brunswick case involving cross-border alcohol limits that heads to the Supreme Court of Canada in December.
Dan Albas, who previously fought for interprovincial wine trade, says the case of Gerard Comeau is an opportunity for the country to "hit the reset button" on interprovincial trade as a whole.
'The Fathers of Confederation felt that Canada shouldn't just be a political union, but an economic one.' - Dan Albas, Conservative MP
"In today's economy, I think most Canadians would say they want to see greater choice in the marketplace," said Albas, who represents Central Okanagan–Similkameen–Nicola.
"And so they want to see a little less authority in the provincial liquor boards and some of these provincial marketing boards that have been set up over time and a little bit more power to the consumers."
New Brunswick prosecutors are appealing the acquittal of Comeau, a retired steelworker from Tracadie, who was fined $292.50 for exceeding the province's alcohol importation limit in 2012 when he drove home from Quebec with 14 cases of beer and three bottles of liquor in his vehicle.
- Cross-border booze case would 'redesign' federalism, N.B. prosecutors argue
- 'A huge economic opportunity': trade barriers at stake in border booze case
Virtually all provinces and territories have strict limits on how much alcohol individuals can bring across a provincial border. In New Brunswick, the Liquor Control Act sets a personal importation limit of 12 pints of beer or one bottle of liquor or wine.
But Campbellton provincial court Judge Ronald LeBlanc ruled last year that the liquor restriction was unconstitutional because Section 121 of the 1867 Constitution Act says products from any province "shall … be admitted free into each of the other provinces."
In documents filed with the Supreme Court of Canada on Aug. 18, New Brunswick prosecutors argue upholding Comeau's acquittal would "propose an end to Canadian federalism as it was originally conceived, has politically evolved and is judicially confirmed."
"There's an old saying — if the law's on your side, argue the law, if the facts are on your side, argue the facts and if the law, and the facts aren't on your side, just pound on the table," he said.
"And that's really what they're doing here. They're pounding the table because they know at the end of the day, they have a very weak case to rely on."
He called Comeau "a Canadian hero" for opening the debate on the contentious issue.
Albas said it's "ludicrous" Canada has "freer trade" with Europe and the United States than between provinces and he argued the current interprovincial trade barriers come at a cost to both the economy and consumer choice.
"The Fathers of Confederation felt that Canada shouldn't just be a political union, but an economic one," he said.
"I hope [Canadians] take the time to let their member of Parliament know that that's how they would like their federal government to respond to the Comeau case."
Because it deals with the Constitution, it's an automatic right, a Supreme Court of Canada spokesperson said.
Additional parties could still file notification of intervention. The deadline is Sept. 15.
2-day hearings rare
The appeal is scheduled to be heard on Dec. 6 and Dec. 7.
The top court hasn't had a two-day hearing for nearly three years, since the case of terror suspect Mohamed Harkat, according to an official in the registry office. The Supreme Court upheld the national security certificate against Harkat in May 2014, rejecting his constitutional challenge.
Normally, oral submissions are limited to five minutes per intervener, but no time limits have yet been set, according to the court official.
The interveners have until Oct. 13 to file their written submissions. They had requested an extension until Nov. 30, but in an order dated July 14, Justice Rosalie Abella set the deadline.
Sky hasn't fallen yet
Albas expects the attorneys general will "paint the Chicken Little scenario," arguing there won't be enough money for hospitals, schools and roads if provincial borders are opened up.
He said that's what they asserted when he brought forward Bill C311, the Free My Grapes bill, to allow wine transfer between provinces.
But "the sky didn't fall."
British Columbia has actually seen year-over-year growth in the wine industry, despite having opened up its borders, Albas said.
---------- Original message ----------
From: denis.lebel@parl.gc.ca
Date: Wed, 23 Aug 2017 21:28:40 +0000
Subject: RE:=1=:More about Beer? Well lets just say that Howard Anglin one Harper's little buddies in short pants was not wise to brag that he was a research assistant for one of my Yankee enemies Prof. Alan Dershowitz EH?
To: motomaniac333@gmail.com
Bonjour,
Au nom de l'honorable Denis Lebel, député de Roberval - Lac-St-Jean, j'accuse réception de votre correspondance.
Soyez assuré(e) que celle-ci sera apportée à l'attention du député.
Sincères salutations.
Marjolaine Doucet
Directrice de comté
-----------------------------------------------------------------------
On behalf of the Honourable Denis Lebel, MP, I wish to acknowledge receipt of your correspondence.
You may be assured that your correspondence will be brought to the MP's attention.
Please accept the expression of my feelings best.
Marjolaine Doucet
Director of Constituency office
Cross-border alcohol limits appeal expected to attract industry interveners
N.B. prosecutors appeal to Supreme Court after acquittal of man who exceeded personal importation limits
By Bobbi-Jean MacKinnon, CBC News Posted: Aug 23, 2017 8:09 PM ATThe head of the conservative legal think-tank supporting the legal fight of a New Brunswick man whose cross-border alcohol limits case is headed to the Supreme Court of Canada expects several national and regional industries will seek to intervene.
"We're confident there's going to be a strong group of interveners on [Gerard] Comeau's side, who will be highlighting the huge potential benefits to the Canadian economy of more open free trade within Canada," said Howard Anglin, executive director of the Canadian Constitution Foundation.
Comeau, a retired steelworker from Tracadie, was charged in 2012 and fined $292.50 after RCMP stopped him driving home from Quebec with 14 cases of beer and three bottles of liquor in his vehicle.
- Cross-border booze appeal a chance to hit reset on interprovincial trade, MP says
- Cross-border booze case would 'redesign' federalism, N.B. prosecutors argue
New Brunswick's Liquor Control Act sets a personal importation limit of 12 pints of beer or one bottle of liquor or wine.
But Campbellton provincial court Judge Ronald LeBlanc ruled last year that the liquor restriction was unconstitutional because Section 121 of the 1867 Constitution Act says products from any province "shall … be admitted free into each of the other provinces."
New Brunswick prosecutors are appealing LeBlanc's decision to the country's highest court. They contend upholding Comeau's acquittal would "propose an end to Canadian federalism as it was originally conceived, has politically evolved and is judicially confirmed."
Interprovincial restrictions 'onerous'
Anglin disagrees and contends many producers and consumers do as well.
"There's a lot of players who feel the burdens of having to comply with all sorts of onerous interprovincial trade restrictions," he said. "We think that they will come out and make it clear to the court that this would be a huge boon for them as industries and for the Canadian economy overall.
Previous studies have indicated interprovincial trade barriers cost the Canadian economy between $50 billion and $130 billion every year, said Anglin.
'International free trade is subject to the whims of other countries, but the one thing we can control is free trade within Canada.' - Howard Anglin, Canadian Constitution Foundation
"So opening up our economy, getting the benefit of the free flow of goods, which was actually envisioned by the fathers of Confederation 150 years ago … would actually be one of the biggest economic shots in the arm our country has seen at least since NAFTA, maybe before," he said.
Anglin noted the irony that representatives of the federal government and many provinces are currently trying to convince U.S. President Donald Trump's administration that free trade has benefited both countries.
"It seems the logic of that position evaporates as soon as they come back across the Canadian border and start protecting their parochial provincial interests again," he said.
"So we're optimistic the Supreme Court will see the logic and wisdom, not only of the constitutional provision itself and what it was intended to do … but the continued relevance of that provision in the era where international free trade is subject to the whims of other countries, but the one thing we can control is free trade within Canada."
The deadline to file notice of intervention is Sept. 15. The appeal is scheduled to be heard on Dec. 6 and 7.
The public prosecution service had initially asked the New Brunswick Court of Appeal to review LeBlanc's decision, but the request was denied.
Prosecutors then successfully sought leave to appeal to the Supreme Court of Canada.
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