Cross-border booze case gives Supreme Court chance to correct mistake, lawyers argue
Constitution requires interprovincial movement of goods without tariffs or other barriers
By Bobbi-Jean MacKinnon, CBC News Posted: Oct 13, 2017 1:26 PM AT---------- Original message ----------
From: denis.lebel@parl.gc.ca
Date: Sat, 14 Oct 2017 07:32:25 +0000
Subject: RE:So says Mean Little Mikey Tessier So say you all? Well methinks Mikey's elusive lawyer needs lots of beer and new tinfoil for his hat.before he reads the document hereto attached
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
---------- Original message ----------
From: "MinFinance / FinanceMin (FIN)" fin.minfinance-financemin.fin@canada.ca
Date: Sat, 14 Oct 2017 07:33:33 +0000
Subject: RE: So says Mean Little Mikey Tessier So say you all? Well methinks Mikey's elusive lawyer needs lots of beer and new tinfoil for his hat.before he reads the document hereto attached
To: David Amos motomaniac333@gmail.com
The Department of Finance acknowledges receipt of your electronic correspondence. Please be assured that we appreciate receiving your comments.
Le ministère des Finances accuse réception de votre correspondance électronique. Soyez assuré(e) que nous apprécions recevoir vos commentaires.
---------- Original message ----------
From: David Amos motomaniac333@gmail.com
Date: Sat, 14 Oct 2017 03:24:44 -0400
Subject: So says Mean Little Mikey Tessier So say you all? Well methinks Mikey's elusive lawyer needs lots of beer and new tinfoil for his hat.before he reads the document hereto attached
To: tessiermike@shaw.ca, cps@calgarypolice.ca, Larry.Tremblay@rcmp-grc.gc.ca, Michelle.Boutin@rcmp-grc.gc.ca, JUSTWEB@novascotia.ca, mike@mblg.ca, abslegal@total.net, Gilles.Blinn@rcmp-grc.gc.ca, washington.field@ic.fbi.gov, Peter.Edge@ice.dhs.gov, John.Kelly@dhs.gov, Boston.Mail@ic.fbi.gov, PETER.MACKAY@bakermckenzie.com, maxime.bernier@parl.gc.ca, HAnglin@theccf.ca, ssmcnamee@fedex.com, commentaires@iedm.org, info@tfc-edc.ca, info@chep-poic.ca, cfc@chicken.ca, info.policy@dfc-plc.ca, nbmilk@nbmilk.org, gdubreuil@chamber.ca, cfib@cfib.ca, jodie@cannabisculture.com, terry.rock@albertabrewers.ca, jnewton@nationalbrewers.ca, info@spiritscanada.ca, janwestcott@acd.ca, info@canadianvintners.com, mike@artisan-ales.com, bgrant@conway.pro, info@liquiditywines.com, info@paintedrock.ca, julian@okanagancrushpad.com, nrwineshop@nobleridge.com, MulcaT@parl.gc.ca, leader@greenparty.ca, elizabeth.may@parl.gc.ca, Hon.Dominic.LeBlanc@canada.ca, oldmaison@yahoo.com, David.Coon@gnb.ca, hugh.flemming@gnb.ca
Cc: david.raymond.amos@gmail.com, andrew.scheer@parl.gc.ca, gordon.kirk@justice.gc.ca, fin.financepublic-financepublique.fin@canada.ca, Karen.Ludwig@parl.gc.ca, Bill.Morneau@canada.ca, Barney.Brucker@justice.gc.ca, robert.currie@dal.ca, Chrystia.Freeland@parl.gc.ca, mdcohen212@gmail.com, denis.lebel@parl.gc.ca, Ezra@therebel.media, kathryn.gregory@gnb.ca, bill.richards@gnb.ca, dfrom@theccf.ca, arevay@theccf.ca, tflanaga@ucalgary.ca, Bobbi-Jean.MacKinnon@cbc.ca, mcu@justice.gc.ca, serge.rousselle@gnb.ca, justmin@gov.ns.ca, ministryofjustice@gov.ab.ca, jan.jensen@justice.gc.ca, attorneygeneral@ontario.ca, sthorne@gov.pe.ca, ministre@justice.gouv.qc.ca, jus.minister@gov.sk.ca, david.eby.mla@leg.bc.ca, justice@gov.nl.ca, Louis_Sebert@gov.nt.ca, justice@gov.nu.ca
---------- Forwarded message ----------
From: Mike Tessier tessiermike@shaw.ca
Date: Fri, 13 Oct 2017 22:32:26 -0700
Subject: Re: Hey Maxime your old buddies in the Montreal Economic
Institute did not want to talk to me today about cross border booze
Why is it I was not Surprised?
To: David Amos motomaniac333@gmail.com
Thanks for you email David
Heard your voicemail I was in the rockies and out of phone reception.
As to your email all cryptic and a little weird. I don’t know what
short pants, Omar and Harper have to do with this.
So you know my legal is not as you stated.
Please get some new tinfoil for your hat.
Beers!
Mike
On Oct 13, 2017, at 12:36 PM, David Amos motomaniac333@gmail.com wrote:
---------- Original message ----------
From: David Amos motomaniac333@gmail.com
Date: Fri, 13 Oct 2017 15:36:58 -0400
Subject: Hey Maxime your old buddies in the Montreal Economic Institute did not want to talk to me today about cross border booze Why is it I was not Surprised?
To: maxime.bernier@parl.gc.ca, HAnglin@theccf.ca, ssmcnamee@fedex.com, commentaires@iedm.org, info@tfc-edc.ca, info@chep-poic.ca, cfc@chicken.ca, info.policy@dfc-plc.ca, nbmilk@nbmilk.org, gdubreuil@chamber.ca, cfib@cfib.ca, jodie@cannabisculture.com, terry.rock@albertabrewers.ca, jnewton@nationalbrewers.ca, info@spiritscanada.ca, janwestcott@acd.ca, info@canadianvintners.com, mike@artisan-ales.com, bgrant@conway.pro, info@liquiditywines.com, info@paintedrock.ca, julian@okanagancrushpad.com, nrwineshop@nobleridge.com, MulcaT@parl.gc.ca, leader@greenparty.ca, elizabeth.may@parl.gc.ca, Hon.Dominic.LeBlanc@canada.ca, oldmaison oldmaison@yahoo.com, David.Coon@gnb.ca, hugh.flemming@gnb.ca
Cc: david.raymond.amos@gmail.com, Bobbi-Jean.MacKinnon@cbc.ca, mcu@justice.gc.ca, serge.rousselle@gnb.ca, justmin@gov.ns.ca, ministryofjustice@gov.ab.ca, jan.jensen@justice.gc.ca, attorneygeneral@ontario.ca, sthorne@gov.pe.ca, ministre@justice.gouv.qc.ca, jus.minister@gov.sk.ca, david.eby.mla@leg.bc.ca, justice@gov.nl.ca, Louis_Sebert@gov.nt.ca, justice@gov.nu.ca
I bet you and your old buddy Howie Anglin and all the LIEbranos recall
the blog I made about a CBC article published on the Ides of March
http://davidraymondamos3.blogspot.ca/2017/03/the-sneaky-lawyer-howie-anglin-his.html
Supreme Court agrees to hear from interveners in cross-border booze case
12 businesses, organizations and associations can make written and
oral arguments in case of N.B. man
By Bobbi-Jean MacKinnon, CBC News Posted: Oct 13, 2017 1:26 PM A
The successful intervener applicants include:
Liquidity Wines Ltd., Painted Rock Estate Winery Ltd., 50th Parallel
Estate Limited Partnership, Okanagan Crush Pad Winery Ltd., and Noble
Ridge Vineyard and Winery Limited Partnership.
Artisan Ales Consulting Inc.
Canadian Vintners Association.
Association of Canadian Distillers, operating as Spirits Canada.
Canada's National Brewers, advocates for Canada's largest and oldest
brewers, Molson and Labatt.
Alberta Small Brewers Association.
Cannabis Culture.
Consumers Council of Canada.
Canadian Chamber of Commerce and Canadian Federation of Independent Business.
The Dairy Farmers of Canada, Egg Farmers of Canada, Chicken Farmers of Canada,
Turkey Farmers of Canada, and the Canadian Hatching Egg Producers.
Federal Express Canada.
Montreal Economic Institute.
http://www.scc-csc.ca/case-dossier/info/parties-eng.aspx?cas=37398
2017-10-10
Decision on the motion for leave to intervene, Mo,
UPON APPLICATIONS by the Artisan Ales Consulting Inc.; the Association
of Canadian Distillers, operating as Spirits Canada; the Alberta Small
Brewers Association; 0883467 BC Ltd. operating as Cannabis Culture;
the Consumers Council of Canada; the Canada’s National Brewers; the
Canadian Chamber of Commerce and Canadian Federation of Independent
Business (jointly); the Canadian Vintners Association; the Dairy
Farmers of Canada, Egg Farmers of Canada, Chicken Farmers of Canada,
Turkey Farmers of Canada and Canadian Hatching Egg Producers
(jointly); the Federal Express Canada Corporation; Liquidity Wines
Ltd., Painted Rock Estate Winery Ltd., 50th Parallel estate Limited
Partnership, Okanagan Crush Pad Winery Ltd., Noble Ridge Vineyard and
Winery Limited Partnership (jointly) and the Montreal Economic
Institute for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said twelve
(12) interveners or groups of interveners shall be entitled to each
serve and file a factum not to exceed ten (10) pages in length on or
before November 21, 2017.
The said twelve (12) interveners or groups of interveners are each
granted permission to present oral argument not exceeding five (5)
minutes at the hearing of the appeal.
The respondent’s request to address the interveners’ argument in his
reply is denied.
The respondent’s reply factum is due, as per Abella J. order of July
14, 2017, on October 27, 2017.
The interveners are not entitled to raise new issues or to adduce
further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada,
the interveners shall pay to the appellant and the respondents any
additional disbursements occasioned to the them by their
interventions.
IT IS HEREBY FURTHER ORDERED THAT:
The Attorney General of Canada, the Attorney General of Ontario, the
Attorney General of Quebec, the Attorney General of Nova Scotia, the
Attorney General of British Columbia, the Attorney General of Prince
Edward Island, the Attorney General for Saskatchewan, the Attorney
General of Alberta, the Attorney General of Newfoundland and Labrador,
the Attorney General of Northwest Territories and the Government of
Nunavut as represented by the Minister of Justice are granted
permission to present oral argument not exceeding ten (10) minutes at
the hearing of the appeal.
Granted
While researching you people today need I say I found this news interesting?
http://calgaryherald.com/news/local-news/calgary-merchant-brewing-up-legal-battle-over-alberta-beer-markups
Artisan Ales Consulting Inc.
2907 - 14th Avenue NW
Calgary, Alberta T2N 1N3
Telephone: 1-403-966-6662
Email: mike@artisan-ales.com
Benjamin L. Grant
Direct line: 613.780.2008
Email: bgrant@conway.pro
Liquidity Wines Ltd
4720 Allendale Road
(take Oliver Ranch Road off of Hwy 97)
Okanagan Falls, BC V0H 1R2
Tel:778-515-5500
E: info@liquiditywines.com
Painted Rock Estate Winery
400 Smythe Drive
Penticton, BC, Canada, V2A 8W6
Tel: (250) 493 6809
E: info@paintedrock.ca
50th Parallel Estate Limited Partnership
17101 Terrace View Road
Lake Country, BC V4V 1B7
T (250) 766-3408 ext. 1
E info@50thparallel.com
OKANAGAN CRUSH PAD WINERY
16576 Fosbery Road
Summerland, BC V0H 1Z6
T 250-494-4445 ext. 5
E julian@okanagancrushpad.com
Noble Ridge Vineyard and Winery Limited Partnership.
2320 Oliver Ranch Road
Okanagan Falls, BC
T 250.497.7945
nrwineshop@nobleridge.com
Canadian Vintners Association
Suite 200 – 440 Laurier Avenue West
Ottawa, Ontario Canada K1R 7X6
Telephone: 613-782-2283
info@canadianvintners.com
Canada Association of Canadian Distillers.
Suite 2-B, 219 Dufferin Street
Toronto, ON M6K 1Y9
Phone: 416 707 8851
Email: janwestcott@acd.ca
Email: info@spiritscanada.ca
Canada's National Brewers
55 Eglinton Ave East #301
Toronto , ON M4P 1G8
Phone: (416) 929-2248
E-mail: jnewton@nationalbrewers.ca
Terry Rock
Executive Director
Alberta Small Brewers Association
403.681.2909
terry.rock@albertabrewers.ca
Jodie Emery
Cannabis Culture
307 West Hastings St.
Vancouver, BC V6B 1H6
Phone: (604) 689-0590
jodie@cannabisculture.com
Consumers Council of Canada
Commercial Building
201-1920 Yonge Street
Toronto, Ontario M4S 3E2
Telephone: 416.483.2696
info@consumerscouncil.com
Canadian Federation of Independent Business.
401-4141 YONGE ST
TORONTO, ON, M2P2A6
Telephone: 416-222-8022
Toll Free: 1 888-234-2232
Fax: 416-222-6103
Email: cfib@cfib.ca
Guillaum (Will) Dubreuil
Director, Public Affairs & Media Relations
Canadian Chamber of Commerce
360 Albert Street, Suite 420.
Ottawa, Ontario K1R 7X7
613.238.4000 (231)
gdubreuil@chamber.ca
Dairy Farmers of New Brunswick
PO Box 5034
Sussex, NB E4E 5L2
Telephone: (506) 432-4330
Email nbmilk@nbmilk.org
Turkey Farmers of Canada
7145 West Credit Avenue
Building 1, Suite 202
Mississauga, Ontario L5N 6J7
Telephone: 905.812.3140
Email :info@tfc-edc.ca
Chicken Farmers of Canada
350 Sparks Street, Suite 1007
Ottawa, Ontario, K1R 7S8
Telephone: (613) 241-2800
Email :cfc@chicken.ca
Canadian Hatching Egg Producers
21 Florence Street
Ottawa, Ontario K2P 0W6
Telephone: (613) 232-3023
Email: info@chep-poic.ca
Sean S. McNamee
Vice-President, Legal, Regulatory Affairs & HR:
Federal Express Canada Corporation
5985 Explorer Dr.
Mississauga, Ontario L4W 5K6
Phone: 905-212-5353
Email: ssmcnamee@fedex.com
Montreal Economic Institute
910 Peel Street, Suite 600
Montreal (Quebec) H3C 2H8
Canada
Telephone: 514 273-0969
Fax: 514 273-2581
commentaires@iedm.org
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Wed, 23 Aug 2017 17:28:32 -0400
Subject: 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: 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@yahoo. terry.seguin@cbc.ca, justin.trudeau.a1@parl.gc.ca, pm@pm.gc.ca,sylvie.gadoury@radio-canada.ca, Leanne.Fitch@fredericton.ca, Larry.Tremblay@rcmp-grc.gc.ca, denis.lebel@parl.gc.ca,
HAnglin@theccf.ca, abslegal@total.net, Brian.Gallant@gnb.ca
Cc: david.raymond.amos@gmail.com, Bobbi-Jean.MacKinnon@cbc.ca
Cross-border booze case would 'redesign' federalism, N.B. prosecutors argue
Arguments filed with Supreme Court of Canada in appeal of acquittal of
Gerard Comeau
By Bobbi-Jean MacKinnon, CBC News Posted: Aug 21, 2017 5:27 PM AT Last
Updated: Aug 21, 2017 8:54 PM AT
New Brunswick law allows only 12 pints of beer or one bottle of wine
or liquor to be brought into the province from another province.
New Brunswick law allows only 12 pints of beer or one bottle of wine
or liquor to be brought into the province from another province.
(Chris Young/The Canadian Press)
New Brunswick asks Supreme Court to rule on cross-border liquor limits
Cross-border beer decision stands, for now
Border beer battle: Appeal court reserves decision on if it will hear case
Feds expect provinces to ratify free trade deal next year, with
booze in the mix
Comeau beer decision appeal leaves alcohol out of trade talks
'After 3 years, I'm thirsty': N.B. man says after court nixes
border beer limits
Upholding the acquittal of a Tracadie, N.B., man who exceeded
cross-border alcohol limits would "redesign Canadian federalism,"
provincial prosecutors say.
The case of Gerard Comeau "began as a simple ticket offence,"
prosecutors say in arguments submitted to the Supreme Court of Canada
as part of their appeal of the 2016 lower court decision. But "a
simple case it is not."
"This 'simple case' and the trial decision that resulted raise the
issue of competing constitutional provisions and propose an end to
Canadian federalism as it was originally conceived, has politically
evolved and is judicially confirmed," the 45-page document says.
'A huge economic opportunity': trade barriers at stake in border booze case
Supreme Court agrees to hear appeal of cross-border booze case
Comeau, a retired steelworker, 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.
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."
nb-gerard-comeau-smile
Gerard Comeau was all smiles in April 2016 after a judge dismissed a
charge against him of bringing too much alcohol into New Brunswick
from Quebec, saying the legislation violated free trade provisions in
the Constitution. (Bridget Yard)
Prosecutors say LeBlanc's decision was "flawed." They want the
country's highest court to rule New Brunswick's restrictions on
bringing alcohol into the province do not violate the act's free-trade
provisions.
The relationship between Section 121 and other constitutional
provisions, along with its function within the Canadian Constitution,
has been "the subject of political debate and discussion for decades,"
the prosecutors say.
But this is the first time the Supreme Court is being asked directly
to determine the relationship of Section 121, on the free movement of
goods between provinces, to Section 92 of the Constitution Act, on
provincial powers over property and civil rights, they say.
11 requests to intervene
The federal government, the attorneys general of Ontario, Quebec,
Newfoundland and Labrador, Alberta, Nova Scotia, Saskatchewan, British
Columbia, Prince Edward Island, and Northwest Territories, and the
minister of justice of Nunavut have all asked to be interveners in the
case.
They have until Oct. 13 to file their written arguments, not exceeding
10 pages each. Comeau's lawyers must file a reply not exceeding 10
pages by Oct. 27.
The appeal is tentatively scheduled to be heard on Dec. 6 and Dec. 7.
Section 121 "has not to this date been considered as a standalone
'free trade' provision," New Brunswick prosecutors argue.
They point to a 1921 decision by the Supreme Court of Canada in Gold
Seal Ltd. vs. Dominion Express Co., which held the constitutional
provision only meant provinces couldn't impose tariffs on goods at
their border.
"The provinces are not subordinate to 'a central authority' nor are
they melded together," the prosecutors state in their factum, dated
Aug. 18.
Provinces "are to retain their differences and subject their interests
to a central government '…entrusted with exclusive authority only in
affairs in which they had a common interest.'"
"The historical context of the Canadian federation, the foundational
principles of Canadian constitutionalism, and a proper textual
understanding of the written Constitution, all lead to the inexorable
conclusion that the decision of the trial judge is incorrect."
N.B. ordered to cover Comeau's costs
Lawyer Ian Blue, who acted as part of Comeau's defence team on behalf
of the Canadian Constitution Foundation, has said the case "could have
more profound effects on interprovincial trade barriers than President
Trump could."
"That's how important this case is," Blue has said.
The Supreme Court's decision could have implications for "literally
hundreds" of interprovincial trade barriers across the country,
according to the executive director of the Canadian Constitution
Foundation, which provided legal assistance to Comeau.
"Anything where provinces erect, deliberately erect, systems to keep
competitive goods out from other provinces — this would, if not
eliminate those, at least shake the foundations on which they are
built," said Howard Anglin.
The Supreme Court of Canada agreed in May to hear the appeal and
ordered that Comeau's legal costs in fighting the case be paid for by
the New Brunswick government.
The public prosecution service had initially asked the New Brunswick
Court of Appeal to review LeBlanc's decision, but the province's
highest court declined to hear the case. As is customary, the court
did not provide any reasons.
The prosecution service, which has described itself as being
independent from government, then sought leave to appeal to Canada's
top court.
The provincial government has declined to comment because the case is
before the courts.
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Mon, 29 Aug 2016 20:53:53 -0400
Subject: Yo Tom Flanagan I called you again today EH? 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: tflanaga@ucalgary.ca, carolyn.bennett@parl.gc.ca, mcu@justice.gc.ca, jason.kenney@parl.gc.ca, dfrom@theccf.ca, arevay@theccf.ca,
msoupcoff@theccf.ca, mike@mblg.ca, bill.richards@gnb.ca,
kathryn.gregory@gnb.ca, jeff.mockler@gnb.ca, Katherine.dEntremont@gnb.ca, oldmaison@yahoo.com, andre@jafaust.com, ron.tremblay2@gmail.com,
almabrooks26@hotmail.com, markandcaroline@gmail.com, upriverwatch@gmail.com, COCMoncton@gmail.com, rona.ambrose.A1@parl.gc.ca,
Gerald.Butts@pmo-cpm.gc.ca, Katie.Telford@pmo-cpm.gc.ca, Ezra@therebel.media, gopublic@cbc.ca, steve.murphy@ctv.ca, nmoore@bellmedia.ca, Robert.Jones@cbc.ca, news@hilltimes.com, news@kingscorecord.com, peacock.kurt@telegraphjournal.com, editor@stcroixcourier.ca
Cc: david.raymond.amos@gmail.com, denis.lebel@parl.gc.ca,
HAnglin@theccf.ca, abslegal@total.net, Brian.Gallant@gnb.ca
https://www.youtube.com/user/CDNConstFoundation/videos
CCF Law & Freedom 2016 Justice David Stratas' keynote presentation
908 views
Omar Khadr: What does our Constitution say about Guantanamo Bay?
68 views
Beer Without Borders: The Comeau Case and the Future of
Interprovincial Alcohol Law
94 views
The New World of Aboriginal Property Rights
138 views
Tom Flanagan
Political Science
University of Calgary
Calgary, AB T2N 1N4
403-239-6988
tflanaga@ucalgary.ca
http://theccf.ca/staff/
Howard Anglin, J.D.
Executive Director
Howard grew up in Victoria, British Columbia, and attended McGill
University where he received a B.A. (Hons.) in English Literature in
1997. He pursued graduate studies for two years before changing paths
to attend New York University Law School, where he graduated in 2002.
At law school he was an editor of the NYU Law Review, served as
co-president of the NYU chapter of the Federalist Society, and was a
research assistant for Prof. Alan Dershowitz. After graduating, he
practised at two international law firms in New York and London, U.K.,
before accepting a clerkship with the Hon. Diarmuid O’Scannlainn on
the United States Court of Appeal for the Ninth Circuit, in Portland,
OR. After clerking, he resumed legal practice, with a focus on
appellate litigation, in Washington, DC. In 2011, he moved to Ottawa,
where he served first as Chief of Staff to a federal cabinet minister
and later as Deputy Chief of Staff to the Prime Minister. He has
written widely on legal matters, as well as politics and culture.
http://davidraymondamos3.blogspot.ca/2016/05/fwddenis-lebel-wants-matter-about-beer.html
Monday, 30 May 2016
Denis Lebel wants a matter about BEER to go before the Supreme Court?
HMMM Let see what the pervert Barry Winters thinks of this
---------- Original 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
---------- Original message ----------
From: Karen Selick kselick@theccf.ca
Date: Mon, 30 May 2016 11:23:31 -0700
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
Regrettably, Karen Selick is no longer with the Canadian Constitution
Foundation. For assistance with litigation matters, please contact
Derek From at dfrom@theccf.ca; for assistance with operations matters,
please contact Adam Revay at arevay@theccf.ca. To contact Ms. Selick
personally, please go to her website: http://www.karenselick.com.
---------- Original message ----------
From: "Gallant, Premier Brian (PO/CPM)" Brian.Gallant@gnb.ca
Date: Mon, 30 May 2016 18:24:23 +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: 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
---------- Original message ----------
From: David Amos motomaniac333@gmail.com
Date: Mon, 30 May 2016 14:22:34 -0400
Subject: Denis Lebel wants a matter about BEER to go before the
Supreme Court? HMMM Methinks I may go there some day as well
To: denis.lebel@parl.gc.ca, denis.lebel.ca@parl.gc.ca,
rona.ambrose.A1@parl.gc.ca, stephen.harper.a1@parl.gc.ca, premier@gnb.ca,
bill.richards@gnb.ca, kathryn.gregory@gnb.ca, jeff.mockler@gnb.ca,
Katherine.dEntremont@gnb.ca
Cc: david.raymond.amos@gmail.com, msoupcoff@theccf.ca, kselick@canadianconstitutionfoundation.ca, mike@mblg.ca,
abslegal@total.net
http://www.canlii.org/en/nb/nbpc/doc/2016/2016nbpc3/2016nbpc3.html
Mikaël H. H. Bernard
Called to the bar: 2008 (NB)
Matchim Bernard Law Group, An Association of Independent Lawyers
803-157 Water St.
Campbellton, New Brunswick E3N 3L4
Phone: 506-789-6251
Fax: 506-789-1906
Email: mike@mblg.ca
Arnold B. Schwisberg
Called to the bar: 1987 (ON)
Schwisberg, Arnold B.
6th Flr., East Twr.
675 Cochrane Dr.
Markham, Ontario L3R 0B8
Phone: 905-530-2110
Fax: 905-530-2210
Email: abslegal@total.net
Conservatives call for Comeau case referral to Supreme Court
Opposition says case about interprovincial alcohol movement can
clarify Section 121 of Constitution
CBC News Posted: May 30, 2016 12:29 PM AT
http://www.cbc.ca/news/canada/new-brunswick/conservatives-comeau-supreme-court-1.3607187
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Mon, 29 Aug 2016 15:40:59 -0400
Subject: Attn Robert Currie I just called from 902 800 0369 RE
International Law and Federal Court File # T-1557-15
To: robert.currie@dal.ca
Cc: David Amos
Robert J Currie
Associate Professor of Law; Director, Law & Technology Institute
Schulich School of Law , Law & Technology Institute
Email: robert.currie@dal.ca
Phone: 902-494-1012
Mailing Address:
Room 434, Weldon Law Building, 6061 University Avenue
PO Box 15000 Halifax, Nova Scotia B3H 4R2
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Thu, 13 Jul 2017 20:31:57 -0400
Subject: For what it is worth I agree Justice Edward Belobaba
To: whitling@libertylaw.ca, dwiner@ksllp.ca,
hon.ralph.goodale@canada.ca, andrew.scheer@parl.gc.ca, mcu@justice.gc.ca, bill.pentney@justice.gc.ca, Craig.Forcese@uottawa.ca,
emeehan@supremeadvocacy.ca, HAnglin@theccf.ca
Cc: david.raymond.amos@gmail.com, mark.gollom@cbc.ca,
Aaron.Wherry@cbc.ca
http://www.cbc.ca/news/world/omar-khadr-accounts-1.4203035
Judge rejects request to freeze Omar Khadr's assets
Request came from widow of American soldier killed in Afghanistan
CBC News Posted: Jul 13, 2017 11:48 AM ET
"We do not have one law for Omar Khadr and another for all other
Canadians," Justice Edward Belobaba wrote in his decision. "The law,
including the law for obtaining a pre-judgment freezing order, applies
equally to everyone."
On 7/12/17, David Amos
> Now I get to read court documents EH?
>
> http://www.cbc.ca/news/politics/omar-khadr-fights-back-1.4201788
>
> https://assets.documentcloud.org/documents/3893158/Factum-on-Mareva.pdf
>
> https://www.documentcloud.org/documents/3892189-Factum-for-Superior-Court-of-Justice-Redacted.html
>
> ---------- Forwarded message ----------
> From: David Amos motomaniac333@gmail.com
> Date: Wed, 5 Jul 2017 11:23:54 -0400
> Subject: Attn Gordon J. Kirk I just spoke to you in person CORRECT?
> To: gordon.kirk@justice.gc.ca, "hon.ralph.goodale"
> hon.ralph.goodale@canada.ca, MulcaT MulcaT@parl.gc.ca, leader
> leader@greenparty.ca, "andrew.scheer"
> Francis.Archambault@justice.ca
> Cc: David Amos
>
> Gordon J. Kirk Counsel
> Called to the bar: 1993 (ON)
> Justice Canada
> National Security Litigation & Advisory Group
> PO Box 8127, Stn. T
> Ottawa, Ontario K1G 3H6
> Phone: 613-231-0043
> Fax: 613-842-1345
> Email: gordon.kirk@justice.gc.ca
>
> http://www.goc411.ca/en/95355/Francis-Archambault
>
> Francis Archambault works as General Counsel, Litigation Operations
> for Justice Canada.
> Francis can be reached at 613-842-1167
>
> ---------- Original message ----------
> From: "Brucker, Barney" Barney.Brucker@justice.gc.ca
> Date: Wed, 5 Jul 2017 12:57:27 +0000
> Subject: Automatic reply: Yo Loik Amis So much for the Integrity of
> your friends and associates in the legal business N'esy Pas?
> To: David Amos motomaniac333@gmail.com
>
> I will be working away form the office July 4-5 returning July 6/17.
> For urgent messages please contact Pritima Newton at 416-952-1003 or
> Abbe Nyathi at 416-954-5483
>
> Just Dave
> By Location Visit Detail
> Visit 24,659
> Domain Name senate.gov ? (U.S. Government)
> IP Address 156.33.241.# (U.S. Senate Sergeant at Arms)
> ISP U.S. Senate Sergeant at Arms
> Location
> Continent : North America
> Country : United States (Facts)
> State : District of Columbia
> City : Washington
> Lat/Long : 38.9097, -77.0231 (Map)
> Language English (U.S.) en-us
> Operating System Macintosh WinNT
> Browser Safari 1.3
> Mozilla/5.0 (Windows NT 10.0; Win64; x64) AppleWebKit/537.36 (KHTML,
> like Gecko) Chrome/58.0.3029.110 Safari/537.36
> Javascript version 1.5
> Monitor
> Resolution : 2560 x 1440
> Color Depth : 24 bits
> Time of Visit Jun 23 2017 2:40:41 pm
> Last Page View Jun 23 2017 2:40:41 pm
> Visit Length 0 seconds
> Page Views 1
> Referring URL https://www.google.com/
> Visit Entry Page http://davidamos.blo...06/04/just-dave.html
> Visit Exit Page http://davidamos.blo...06/04/just-dave.html
> Out Click
> Time Zone UTC-5:00
> Visitor's Time Jun 23 2017 1:40:41 pm
> Visit Number 24,659
>
---------- Forwarded message ----------
From: David Amos
Date: Wed, 20 Sep 2017 16:43:22 -0400
Subject: Re: Information The Crown should have shared my files with
you before you contacted me
To: "Davidson, Stephen"
jan.jensen@justice.gc.ca, mcu@justice.gc.ca,
Larry.Tremblay@rcmp-grc.gc.ca
Cc: motomaniac333@gmail.com
---------- Forwarded message ----------
From: Justice Website JUSTWEB@novascotia.ca
Date: Mon, 18 Sep 2017 14:21:11 +0000
Subject: Emails to Department of Justice and Province of Nova Scotia
To: motomaniac333@gmail.com
Mr. Amos,
We acknowledge receipt of your recent emails to the Deputy Minister of
Justice and lawyers within the Legal Services Division of the
Department of Justice respecting a possible claim against the Province
of Nova Scotia. Service of any documents respecting a legal claim
against the Province of Nova Scotia may be served on the Attorney
General at 1690 Hollis Street, Halifax, NS. Please note that we will
not be responding to further emails on this matter.
Department of Justice
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Mon, 12 Jun 2017 09:32:09 -0400
Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
To: coi@gnb.ca
Cc: david.raymond.amos@gmail.com
Good Day Sir
After I heard you speak on CBC I called your office again and managed
to speak to one of your staff for the first time
Please find attached the documents I promised to send to the lady who
answered the phone this morning. Please notice that not after the Sgt
at Arms took the documents destined to your office his pal Tanker
Malley barred me in writing with an "English" only document.
These are the hearings and the dockets in Federal Court that I
suggested that you study closely.
This is the docket in Federal Court
http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1557-15&select_court=T
These are digital recordings of the last three hearings
Dec 14th https://archive.org/details/BahHumbug
January 11th, 2016 https://archive.org/details/Jan11th2015
April 3rd, 2017
https://archive.org/details/April32017JusticeLeblancHearing
This is the docket in the Federal Court of Appeal
http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=A-48-16&select_court=All
The only hearing thus far
May 24th, 2017
https://archive.org/details/May24thHoedown
This Judge understnds the meaning of the word Integrity
Date: 20151223
Docket: T-1557-15
Fredericton, New Brunswick, December 23, 2015
PRESENT: The Honourable Mr. Justice Bell
BETWEEN:
DAVID RAYMOND AMOS
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
ORDER
(Delivered orally from the Bench in Fredericton, New Brunswick, on
December 14, 2015)
The Plaintiff seeks an appeal de novo, by way of motion pursuant to
the Federal Courts Rules (SOR/98-106), from an Order made on November
12, 2015, in which Prothonotary Morneau struck the Statement of Claim
in its entirety.
At the outset of the hearing, the Plaintiff brought to my attention a
letter dated September 10, 2004, which he sent to me, in my then
capacity as Past President of the New Brunswick Branch of the Canadian
Bar Association, and the then President of the Branch, Kathleen Quigg,
(now a Justice of the New Brunswick Court of Appeal). In that letter
he stated:
As for your past President, Mr. Bell, may I suggest that you check the
work of Frank McKenna before I sue your entire law firm including you.
You are your brother’s keeper.
Frank McKenna is the former Premier of New Brunswick and a former
colleague of mine at the law firm of McInnes Cooper. In addition to
expressing an intention to sue me, the Plaintiff refers to a number of
people in his Motion Record who he appears to contend may be witnesses
or potential parties to be added. Those individuals who are known to
me personally, include, but are not limited to the former Prime
Minister of Canada, The Right Honourable Stephen Harper; former
Attorney General of Canada and now a Justice of the Manitoba Court of
Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
former Director of Policing Services, the late Grant Garneau; former
Chief of the Fredericton Police Force, Barry McKnight; former Staff
Sergeant Danny Copp; my former colleagues on the New Brunswick Court
of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
Police.
In the circumstances, given the threat in 2004 to sue me in my
personal capacity and my past and present relationship with many
potential witnesses and/or potential parties to the litigation, I am
of the view there would be a reasonable apprehension of bias should I
hear this motion. See Justice de Grandpré’s dissenting judgment in
Committee for Justice and Liberty et al v National Energy Board et al,
[1978] 1 SCR 369 at p 394 for the applicable test regarding
allegations of bias. In the circumstances, although neither party has
requested I recuse myself, I consider it appropriate that I do so.
AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
the Court schedule another date for the hearing of the motion. There
is no order as to costs.
“B. Richard Bell”
Judge
Below after the CBC article about your concerns (I made one comment
already) you will find the text of just two of many emails I had sent
to your office over the years since I first visited it in 2006.
I noticed that on July 30, 2009, he was appointed to the the Court
Martial Appeal Court of Canada Perhaps you should scroll to the
bottom of this email ASAP and read the entire Paragraph 83 of my
lawsuit now before the Federal Court of Canada?
"FYI This is the text of the lawsuit that should interest Trudeau the most
http://davidraymondamos3.blogspot.ca/2015/09/v-behaviorurldefaultvmlo.html
83 The Plaintiff states that now that Canada is involved in more war
in Iraq again it did not serve Canadian interests and reputation to
allow Barry Winters to publish the following words three times over
five years after he began his bragging:
January 13, 2015
This Is Just AS Relevant Now As When I wrote It During The Debate
December 8, 2014
Why Canada Stood Tall!
Friday, October 3, 2014
Little David Amos’ “True History Of War” Canadian Airstrikes And
Stupid Justin Trudeau?
Vertias Vincit
David Raymond Amos
902 800 0369
---------- Forwarded message ----------
From: "Kulik, John" john.kulik@mcinnescooper.com
Date: Thu, 18 May 2017 17:37:49 +0000
Subject: McInnes Cooper
To: motomaniac333@gmail.com,
david.raymond.amos@gmail.com
Dear Mr. Amos:
I am General Counsel for McInnes Cooper. If you need to communicate
with our firm, please do so through me.
Thank you.
John Kulik
[McInnes Cooper]
John Kulik Q.C.
Partner & General Counsel
McInnes Cooper
tel +1 (902) 444 8571 | fax +1 (902) 425 6350
1969 Upper Water Street
Suite 1300
Purdy's Wharf Tower II Halifax, NS, B3J 2V1
asst Cathy Ohlhausen | +1 (902) 455 8215
Notice This communication, including any attachments, is confidential
and may be protected by solicitor/client privilege. It is intended
only for the person or persons to whom it is addressed. If you have
received this e-mail in error, please notify the sender by e-mail or
telephone at McInnes Cooper's expense. Avis Les informations contenues
dans ce courriel, y compris toute(s) pièce(s) jointe(s), sont
confidentielles et peuvent faire l'objet d'un privilège avocat-client.
Les informations sont dirigées au(x) destinataire(s) seulement. Si
vous avez reçu ce courriel par erreur, veuillez en aviser l'expéditeur
par courriel ou par téléphone, aux frais de McInnes Cooper.
On 8/3/17, David Amos motomaniac333@gmail.com wrote:
If want something very serious to download and laugh at as well Please
Enjoy and share real wiretap tapes of the mob
http://www.cbc.ca/news/world/story/2013/06/09/nsa-leak-guardian.html
As the CBC etc yap about Yankee wiretaps and whistleblowers I musta sk
them the obvious question AIN'T THEY FORGETTING SOMETHING????
http://www.youtube.com/watch?v=vugUalUO8YY
What the hell does the media think my Yankee lawyer served upon the
USDOJ right after I ran for and seat in the 39th Parliament baseball cards?
---------- Original message ----------
From: "Finance Public / Finance Publique (FIN)"
fin.financepublic-financepublique.fin@canada.ca
Date: Fri, 10 Feb 2017 22:05:00 +0000
Subject: RE: Yo President Trump RE the Federal Court of Canada File No
T-1557-15 lets see how the media people do with news that is NOT FAKE
To: David Amos motomaniac333@gmail.com
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
http://archive.org/details/ITriedToExplainItToAllMaritimersInEarly2006
http://davidamos.blogspot.ca/2006/05/wiretap-tapes-impeach-bush.html
http://www.archive.org/details/PoliceSurveilanceWiretapTape139
https://archive.org/details/WiretapTape143
http://www.archive.org/details/FedsUsTreasuryDeptRcmpEtc
FEDERAL EXPRES February 7, 2006
Senator Arlen Specter
United States Senate
Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510
Dear Mr. Specter:
I have been asked to forward the enclosed tapes to you from a man
named, David Amos, a Canadian citizen, in connection with the matters
raised in the attached letter. Mr. Amos has represented to me that
these are illegal FBI wire tap tapes. I believe Mr. Amos has been in contact
with you about this previously.
Very truly yours,
Barry A. Bachrach
Direct telephone: (508) 926-3403
Direct facsimile: (508) 929-3003
Email: bbachrach@bowditch.com
---------- Forwarded message ----------
From: "MacKay, Peter" Peter.MacKay@bakermckenzie.com
Date: Thu, 27 Apr 2017 14:39:17 +0000
Subject: Automatic reply: YO Minister Jean-Yves.Duclos Once again you
are welcome Now how about the RCMP, the LIEbranos and all the other
parliamentarians start acting with some semblance of Integrity after
all these years?
To: David Amos motomaniac333@gmail.com
Thank you for your email. I am currently out of the office attending
meetings and have limited access to email and voicemail. If your
matter is urgent, or if you require assistance, please contact my
assistant, Nicole Bruni at nicole.bruni@bakermckenzie.com or at (416)
865-3861.
This message may contain confidential and privileged information. If
it has been sent to you in error, please reply to advise the sender of
the error and then immediately delete this message. Please visit
www.bakermckenzie.com/disclaimers for other important information
concerning this message.
---------- Forwarded message ----------
From: David Amos motomaniac333@gmail.com
Date: Tue, 14 Feb 2017 10:51:14 -0400
Subject: RE FATCA, NAFTA & TPP etc ATTN President Donald J. Trump I
just got off the phone with your lawyer Mr Cohen (646-853-0114) Why
does he lie to me after all this time???
To: president@whitehouse.gov, mdcohen212@gmail.com, pm
pm@pm.gc.ca, Pierre-Luc.Dusseault@parl.gc.ca, MulcaT@parl.gc.ca,
Jean-Yves.Duclos@parl.gc.ca, B.English@ministers.govt.nz, Malcolm.Turnbull.MP@aph.gov.au, pminvites@pmc.gov.au, mayt@parliament.uk,
press@bankofengland.co.uk, Andrew.Bailey@fca.org.uk,
fin.financepublic-financepublique.fin@canada.ca, newsroom@globeandmail.ca, CNN.Viewer.Communications.Management@cnn.com, news-tips@nytimes.com, lionel@lionelmedia.com
Cc: david.raymond.amos@gmail.com, elizabeth.thompson@cbc.ca, justin.ling@vice.com, elizabeththompson@ipolitics.ca, djtjr@trumporg.com,
Bill.Morneau@canada.ca, postur@for.is, stephen.kimber@ukings.ca, steve.murphy@ctv.ca, Jacques.Poitras@cbc.ca, oldmaison@yahoo.com, andre@jafaust.com
---------- Original message ----------
From: Michael Cohen mcohen@trumporg.com
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 motomaniac333@gmail.com
Effective January 20, 2017, I have accepted the role as personal
counsel to President Donald J. Trump. All future emails should be
directed to mdcohen212@gmail.com and all future calls should be
directed to 646-853-0114.
________________________________
This communication is from The Trump Organization or an affiliate
thereof and is not sent on behalf of any other individual or entity.
This email may contain information that is confidential and/or
proprietary. Such information may not be read, disclosed, used,
copied, distributed or disseminated except (1) for use by the intended
recipient or (2) as expressly authorized by the sender. If you have
received this communication in error, please immediately delete it and
promptly notify the sender. E-mail transmission cannot be guaranteed
to be received, secure or error-free as emails could be intercepted,
corrupted, lost, destroyed, arrive late, incomplete, contain viruses
or otherwise. The Trump Organization and its affiliates do not
guarantee that all emails will be read and do not accept liability for
any errors or omissions in emails. Any views or opinions presented in
any email are solely those of the author and do not necessarily
represent those of The Trump Organization or any of its
affiliates.Nothing in this communication is intended to operate as an
electronic signature under applicable law.
http://www.cbc.ca/news/canada/new-brunswick/supreme-court-border-beer-gerard-comeau-intervener-1.4350821
Cross-border booze case gives Supreme Court chance to correct mistake, lawyers argue
Constitution requires interprovincial movement of goods without tariffs or other barriers
By Bobbi-Jean MacKinnon, CBC News Posted: Oct 13, 2017 1:26 PM AT
Gerard Comeau was all smiles in April 2016 after a judge
dismissed a charge against him of bringing too much alcohol into New
Brunswick from Quebec, ruling it violated free trade provisions in the
Constitution. (Bridget Yard)
Gerard Comeau's offence was that he exceeded provincial importation limits on alcohol.
But his lawyers say Section 121 of the Constitution Act requires that the movement of all items of "growth, produce or manufacture" among provinces be unrestrained by tariff and non-tariff trade barriers alike.
"If a federal or provincial measure interferes with one's ability to transfer goods to another province and discriminates against extra-provincial entities, then it is a trade barrier and therefore impermissible," the lawyers write in arguments filed with the Supreme Court of Canada on Friday.
- Tracadie man's beer case before Supreme Court overflows with potential interveners
- Marijuana industry uses cross-border beer case to argue against provincial monopolies
- Cross-border alcohol limits appeal expected to attract industry interveners
Comeau, a retired NB Power linesman, 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.
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 in April 2016 that the liquor restriction was unconstitutional because Section 121 of the Constitution states products from any province "shall … be admitted free into each of the other provinces."
New Brunswick prosecutors are appealing LeBlanc's decision to the Supreme Court of Canada, with a hearing slated for Dec. 5 and 6.
They contend that upholding Comeau's acquittal would "propose an end to Canadian federalism as it was originally conceived, has politically evolved and is judicially confirmed" by the Supreme Court itself, which has previously held Section 121 prohibits only "customs duties," or interprovincial tariffs.
'By upholding the Comeau interpretation, this Court can remedy a distortion in constitutional law that has worked against this country's economic integration for generations.' - Lawyers for Gerard Comeau
Comeau's lawyers counter that the precedent-setting case — Gold Seal Limited v. the Attorney General of the Province of Alberta in 1921 — has created a "system failure" within Canadian federalism by allowing for non-tariff trade barriers, which make importing and exporting products difficult or costly.
The Gold Seal interpretation "has served as an unwarranted invitation to use non-tariff trade barriers as an instrument of protectionism and has thereby undermined the integration of our national economy," Ian Blue, Arnold Schwisberg and Mikael Bernard state in the defence document.
They argue the Fathers of Confederation changed the wording "admitted free from duty" that was used in older statutes to simply "admitted free" to broaden the meaning and protect interprovincial trade from both tariff and non-tariff barriers.
"By upholding the Comeau interpretation, this Court can remedy [the Gold Seal] distortion in constitutional law that has worked against this country's economic integration for generations," they state.
It could mean the end of provincial monopolies on liquor sales and break down other interprovincial barriers that some studies suggest cost the country between $50 billion and $130 billion in lost GDP every year.
Crown's view 'somewhat apocalyptic'
New Brunswick allows only 12 pints of beer or
one bottle of wine or liquor to be brought into the province from
another province. (Hilary Bird/CBC)
"Canadian business and the Canadian economy are sufficiently dynamic, innovative and flexible to prosper and grow under such a rule," they argue.
The lawyers also take issue with the Crown's suggestion the Comeau interpretation would put Canada's supply management system in jeopardy.
They acknowledge it might require changes to existing restrictions to allow the sale of butter, cheese, yogurt, chicken, eggs and turkey from one province to another.
"It will not, however, affect import controls needed to allow the supply system management to function properly nor will it result in any new international trade agreement," they state.
'Enough is enough'
Howard Anglin, executive director of the
Canadian Constitution Foundation, says Gerard Comeau's lawyers'
submissions to the Supreme Court are largely the same arguments that won
at trial. (CBC)
"Or are we going to continue to allow these provincial barriers to trade, which have grown up and cluttered the legal and economic landscape for the last 150 years, to persist?"
"The intent of the Fathers of Confederation, embodied in the clear language of the Constitution that they drafted, requires that provinces allow goods to be freely traded and moved across provincial borders," said Anglin.
"For almost a century, due to, in this case anachronistic prohibition-era laws, that hasn't been the case," he said.
"And it took one man, Gerard Comeau standing up and saying, 'That doesn't make sense. Enough is enough,' and to take on the provinces."
12 interveners
The wide range of businesses, organizations and associations from across the country acting as interveners in the appeal underlines how broad the implications of the decision could be.
The Supreme Court has granted intervener status to all 12 applicants, some of which indicate they're acting on behalf of dozens of others.
Each will be permitted to file written arguments not exceeding 10 pages before Nov. 21 and present oral arguments not exceeding five minutes at the hearing in Ottawa, the court ruled this week.
The majority of the interveners are industry-related, ranging from small wineries to beer giants. They are seeking freer interprovincial trade.
Other applicants, including a marijuana advocacy group, business and consumer organizations, a courier service, a think tank and agriculture supply management associations, contend the case is about much more than provincial monopolies on alcohol and could have far-reaching constitutional and economic implications.
The Supreme Court of Canada is scheduled to hear oral arguments on the appeal Dec. 5 and 6. (Sean Kilpatrick/Canadian Press)
The attorneys general of Canada, Ontario, Quebec, Nova Scotia, British Columbia, Prince Edward Island, Saskatchewan, Alberta, Newfoundland and Labrador, Northwest Territories and the Nunavut minister of Justice have also been granted permission to present oral arguments not exceeding 10 minutes at the hearing.
They previously filed notices of intervention and are automatically granted the right to make submissions on the constitutional issue.
The successful intervener applicants include:
- Liquidity Wines Ltd., Painted Rock Estate Winery Ltd., 50th Parallel Estate Limited Partnership, Okanagan Crush Pad Winery Ltd., and Noble Ridge Vineyard and Winery Limited Partnership.
- Artisan Ales Consulting Inc.
- Canadian Vintners Association.
- Association of Canadian Distillers, operating as Spirits Canada.
- Canada's National Brewers, advocates for Canada's largest and oldest brewers, Molson and Labatt.
- Alberta Small Brewers Association.
- Cannabis Culture.
- Consumers Council of Canada.
- Canadian Chamber of Commerce and Canadian Federation of Independent Business.
- The Dairy Farmers of Canada, Egg Farmers of Canada, Chicken Farmers of Canada, Turkey Farmers of Canada, and the Canadian Hatching Egg Producers.
- Federal Express Canada.
- Montreal Economic Institute.
http://calgaryherald.com/news/local-news/calgary-merchant-brewing-up-legal-battle-over-alberta-beer-markups
Calgary merchant brewing up legal battle over Alberta beer markups
With support from the Canadian Constitution Foundation, Calgary’s Artisan Ales Consulting Inc. has launched a challenge of the province’s $1.25 per litre markup on beer. The tax is imposed on all breweries, but rebates are granted to Alberta craft brewers, something critics say essentially negates the levy.
Artisan Ales has launched the challenge under the Agreement on Internal Trade (AIT), which came into force in 1995 to “reduce and eliminate” trade barriers between provinces, a free-trade pact Artisan co-owner Bo Vitanov claims Alberta is violating.
“What they’re doing contravenes trade agreements, and we just feel what they’re doing is really wrong and we’re not going to stop until we get some sort of resolution,” she said.
“This has really impacted our business greatly.”
Last October, the province announced it would impose a tax on brewers outside the New West Partnership (which includes B.C., Alberta and Saskatchewan) at a significantly higher rate. Earlier this month, bureaucrats further refined the rules to impose the same tax rate on all breweries, but provide rebates to Alberta-based brewers “based on sales volumes of Alberta-made beer sold in the province.”
However, for importers such as Vitanov, the levy has been devastating, resulting in a 525 per cent tax hike on its products, forcing the company to increase prices by 20 per cent across the board. Its Alberta business has also seen an approximately 60 per cent drop in sales since the markup was imposed.
Earlier this month, a preliminary, independent review prepared by the company and forwarded to the AIT found, “there is a reasonable case of injury or denial of benefit to Artisan Ales.”
The complaint comes alongside a legal challenge launched by Toronto’s Steam Whistle Brewing, which was granted an injunction from the tax in January while it prepares to battle what it calls a protectionist trade barrier.
Alberta Finance Minister Joe Ceci was not available for comment Tuesday, but department spokeswoman Leah Holoiday said the new rules actually ensure a fair marketplace for products from all corners of Canada.
“The government’s recent changes to the beer markup means a level playing field for all brewers, regardless of size or region, selling in Alberta,” Holoiday said in a statement.
“They in no way restrict any manufacturer or distributor from selling beer in the province. Alberta continues to have the most open liquor model in all of Canada, with approximately 20,000 products listed.”
But Artisan Ales’ lawyer, Ottawa-based Benjamin Grant, said there can be no level playing field when the rules unequivocally favour Alberta brewers over others.
“Alberta has an obligation under the Agreement on Internal Trade to treat the beers of other provinces no less favourably than its own,” he said.
“And even though the government has made recent changes to its policy for small brewers, these changes simply repackage the same discriminatory policy under a new name.”
slogan@postmedia.com
On Twitter: @ShawnLogan403
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