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Constitution doesn’t guarantee interprovincial free trade; SCC sheds new light on vertical stare decisis, federalism

Thursday, April 19, 2018 @ 10:10 AM | By Cristin Schmitz

The Supreme Court has ruled that s. 121 of the Constitution Act, 1867 does not guarantee interprovincial free trade in a unanimous judgment that revives a New Brunswick liquor control law whose “incidental effect” is to restrict the transport of domestic alcohol from Quebec into New Brunswick.

The top court’s 9-0 per curiam ruling April 19 allows the appeal of the New Brunswick Crown from a groundbreaking 2016 New Brunswick provincial court decision that declared unconstitutional s. 134(b) of New Brunswick’s Liquor Control Act which bars...