Law360 Canada ( April 19, 2018, 1:16 PM EDT) -- Appeal from a judgment of the New Brunswick Court of Appeal dismissing an application for leave to appeal a decision declaring s. 134(b) of the Liquor Control Act (LCA) of no force or effect with respect to Comeau. Returning from Quebec to New Brunswick, Comeau was stopped by the RCMP. The police found a large quantity of beer and some bottles of spirits in his vehicle. It was not in dispute that Comeau purchased quantities of alcohol in excess of the applicable limit prescribed by s. 43(c) LCA. Comeau was charged under s. 134(b) LCA and consequently issued a fine. Comeau challenged the charge on the basis that s. 121 of the Constitution Act, 1867 rendered s. 134(b) LCA unconstitutional and therefore of no force and effect. Comeau contended that s. 121 was essentially a free trade provision. In his view, no barriers could be erected to impede the passage of goods across provincial boundaries. The Crown argued that s. 121 was only intended to dismantle the power to impose tariffs or tariff-like charges at provincial boundaries. The trial judge agreed with Comeau. The trial judge held that, given his conclusions regarding the drafters’ intent, s. 121, correctly construed, prohibited all barriers to interprovincial trade. As s. 134(b) LCA discouraged cross-border purchases and therefore limited access to extra-provincial liquor, the trial judge determined that it infringed s. 121 of the Constitution Act, 1867. The New Brunswick Court of Appeal dismissed the application for leave. The Crown now appealed this decision....