Ian Blue, a partner at Cassels Brock & Blackwell LLP, has issued a challenge to the constitutionality of legislation that forbids importation of liquor into a province unless it is sold to the local liquor board or commission. The legislation is, curiously, federal, as we noted in a post last September.
Section 3(1) of the Importation of Intoxicating Liquors Act (IILA), passed in 1928, forbids the interprovincial movement of alcohol (and, presumably, other “intoxicating liquors”) except as part of a transaction involving a provincial agency. Yet, Blue argues, this provision is at odds with s.121 of the Constitution Act, . . . [more]