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!

The premiers don’t speak for Canada

In my latest column for the Globe’s ROB Economy Lab, I dissect the behaviour of the premiers as they demonstrated yet again, over the course of the summer, why we cannot expect them to speak up for the national interest. The issue is protecting the rights of economic citizenship of Canadians (otherwise known as “internal trade”). Read on to find out what the systemic reasons are the premiers will never be the ones who deliver free trade within Canada. It’s Ottawa’s job.

By the way, If there is any question about what business, those ultimately responsible for job creation and exports think, the major Canadian business associations have banded together to publish a paper urging action.  Their vision is much more expansive than the premiers’, calling for all barriers to be ended and rules to be harmonized.   As Ailish Campbell, Vice President at the Canadian Council of Chief Executives (CCCE) has put it, “We want to see firms growing from Canada into global leaders. A common market to boost growth and jobs shouldn’t be in question.”

Brian Lee Crowley
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