Mr. Speaker, I am pleased to rise today to speak to the motion moved by my colleague, the member for Central Okanagan—Similkameen—Nicola. This motion has been affectionately dubbed “free the beer”.
As a new member of Parliament, I must say that it is truly motivating to listen to an experienced parliamentarian like the member for Abbotsford.
This member just shared his vast experience as a minister in the previous government. His words were very inspiring, as was his belief in the importance of eliminating trade barriers.
He is an inspiration to us, and he should also serve as an inspiration to the new government, which should be taking advantage of the experience this member gained by negotiating numerous free trade agreements with other countries. These negotiations were successfully carried out by our colleague from Abbotsford, and I applaud him for that. By way of tribute, I would say:
He was fast and efficient.
I will admit that using beer as the foundation of a motion on the liberalization of internal trade is a little unexpected.
However, for the benefit of those who have been tuning in since the start of the day and who have heard about the Comeau case, but who do not really know what we are talking about right now in the House, I would like to recap because I think it can be useful to look at why the motion came to be and explain how we got to where we are.
This is about a citizen of New Brunswick, Gérard Comeau, and his fight for justice, which highlighted how difficult it is for Canadians to trade freely within our country's borders. Mr. Comeau singlehandedly broke down the barriers to internal trade.
I found a good summary of Mr. Comeau's story in an editorial. The title of the publication made me smile: it is called “Bières et plaisirs”, or “Beer and other pleasures”.
Even so, it is a very serious editorial. It recounts Mr. Comeau's story, which I will now share with the House of Commons and all of the Canadians who are tuned in.
Gérard Comeau was arrested in October 2012 in possession of 14 cases of beer and three bottles of liquor. He had just done some shopping on the Quebec side of the border. In October 2012, Gérard Comeau committed an illegal act: purchasing a quantity of alcohol over the authorized limit in another province, not in a licensed establishment.
According to the Government of New Brunswick and other Canadian governments, alcohol is under provincial jurisdiction.
Here is more from the editorial in “Bières et plaisirs”:
All residents of New Brunswick buy their alcohol in provincially owned licensed establishments: outlets of the New Brunswick Liquor Corporation, also known as the liquor commission.
That is the law as enacted in 1928, a year after the commission was created. Laws governing the sale of alcohol were enacted around that time across Canada. The goal was to protect each province's market....Many New Brunswickers prefer to buy their alcohol in Quebec, where prices are much lower. The Province of New Brunswick sometimes applies high mark-ups to wine, beer, and spirits sold in its stores.
The article goes on to say:
After receiving a guilty verdict, Gérard Comeau decided to take his case to the New Brunswick provincial court. His argument was simple: the Fathers of Confederation passed a law that stipulates that the provinces of Canada must allow interprovincial free trade, a law that was written long before all of Canada's post-prohibition laws, and one that remains in effect all across Canada....The court found in favour of Gérard Comeau. The judge ruled that the provincial law was unconstitutional. Gérard Comeau was found not guilty.
Our motion today is very clear. It recognizes one of the key elements of the vision of Canada's founding fathers:
That the House: (a) recognize that it is a constitutional right for Canadians to trade with Canadians; (b) re-affirm that the Fathers of Confederation expressed this constitutional right in Section 121 of the Constitution Act, 1867 which reads: “All Articles of the Growth, Produce, or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces”...
The wording is very clear.
I think that the article in Bières et plaisirs is a good summary of the Comeau case, but also many other cases involving countless Canadians who travel across our country and would like to take advantage of a free market here at home. It took a New Brunswick man standing up for his rights to remind us, the elected representatives of this great country, that we have an important role to play to preserve the spirit of our Constitution.
We are talking about beer here, but the Fathers of Confederation were clear:
121. All Articles of the Growth, Produce, or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces.
It is simple. I am sure that most Canadians did not even know that some provinces put up so many barriers that hinder interprovincial trade. I can understand them, because we form a single great country made up of extremely dynamic provinces and territories. We all want to improve the economy of our regions, and it is rather amazing to realize here that Canadians do not always have the right to do business with one another as they would like.
The Minister of Innovation, Science and Economic Development said this morning in the House that he prefers that any disputes be settled by negotiations between the provinces. Despite years of negotiations, it seems that the agreement the minister would like to negotiate is not possible. On this side of the House, we believe that this government does not have the leadership required to arrive at such an agreement. It is all well and good to say that the government wants to promote trade and reach an agreement with the provinces. However, at the first opportunity this government does the opposite.
Take the example of Bill C-10, which was supposed to meet Quebec's and Manitoba's expectations. By invoking closure, the government rammed through a bill that forces the legal action against Air Canada to be dropped. Lo and behold, two provinces asked us not to act too quickly because they cannot conclude their agreement as negotiated if the threat of court action, which is on their side, disappears. The government ignored the provinces' requests.
Another example is Bill C-14. The Quebec Minister of Health said that Bill C-14 was inadequate. Even so, the Liberals went ahead and imposed a gag order so that parliamentarians could not express their views.
That does not bode well for the federal-provincial negotiations under this government. Since it took office, the Liberal government has shown leadership and interest in only two things: running an ever-growing deficit and increasing the tax burden on small businesses. The Liberals have done a good job on those things.
Today, the Liberal government has a unique opportunity to do something tangible to help small businesses and, once again, it is turning its back on them by relying on a negotiation process with an unknown timeline. We are skeptical about the results of that. The second part of my colleague's motion is clear. It states:
[That the House:] (c) recognize that the recent Comeau decision in New Brunswick creates a unique opportunity to seek constitutional clarity on Section 121 from the Supreme Court of Canada; and that therefore, the House call on the government to refer the Comeau decision and its evidence to the Supreme Court for constitutional clarification of Section 121.
That would finally make it possible to set clear guidelines for trade between the provinces.
Creating more free trade in Canada is not a partisan issue. The issue here is what is fair. Canadian businesses do not want their government to tell them with whom they can and cannot do business. Businesses should be able to sell their products across Canada, and consumers should have more choices on the market.
In my member's statement today, I spoke about young entrepreneurs in Quebec. Three thousand young entrepreneurs in Quebec will make deals and work hard to sell their products and share their passions. Three thousand of them will open their own small business. Imagine telling them that they cannot do business with their neighbour because they are not on the same street. They are in the same city, same province, and even same country. These are the kinds of barriers we want to eliminate. We want to eliminate them to enable small and medium-sized businesses to do business, create wealth, and drive our economy.
I will wrap up quickly and say that this was the will of the Fathers of Confederation. The government has a unique opportunity to take action. I hope it will seize this opportunity to do away with empty rhetoric and to finally take real action for small businesses in Canada. For all these reasons, I urge the government to join me in supporting this motion to free the beer.