Brian Lee Crowley

Why the SCC must not have the last word on Comeau and barriers to trade

Another hot topic for Canadians in 2018 was the disappointing decision of the Supreme Court of Canada on the Comeau “Free the Beer” case. Here is some of my commentary following that decision:

First, I took the SCC to task for its failure to honour Canadians’ economic rights and its tendentious reading of the plain language of the Constitution. In a 21 April 2018 op-ed published in the major dailies throughout New Brunswick (where the Comeau case originated) I also pointed out that it was probably always a long shot that the profoundly economically-ignorant SCC might solve Canada’s failure to fix its internal barriers problem. That puts the onus right back squarely where it has always been: on Ottawa’s shoulders.

On 30 April MLI released a video of me making the same case.

Finally, on 16 May 2018, Sean Speer and I co-wrote a piece for Inside Policy reiterating these arguments and adding new ones about Canadians’ economic rights!

Provincial liquor monopolies: you can run but you cannot hide

Canada’s liquor control boards – the provincially run bodies that control the sale of alcohol to Canadians – have proven surprisingly adept at enduring through calls for lower prices and greater consumer choice.

But as I argue in a new commentary for MLI, that doesn’t make them immortal. The fact that they have survived so long is itself a tribute to their political advantages for provincial governments, even as their economic advantages are gradually eroding under the onslaught of the consumer power revolution. In this Commentary, based on a talk I gave to the Canadian Association of Liquor Jurisdictions, I lay out the strengths and the challenges liquor monopolies must manage if they are to survive and how their world is changing thanks, among other things, to increased judicial scrutiny of trade barriers as well as the traditional objections of consumers and taxpayers.

We live in a world driven by the power of the consumer, and regulatory obstacles to consumers getting what they want are falling all around us. That has bodies such as the provincial liquor boards, with their monopolies, lack of choice and high prices, swimming against the historical tide.

 

Brian Lee Crowley
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