Mr. Speaker, I rise today to speak to the motion brought forward by the hon. member for Central Okanagan—Similkameen—Nicola. I will be sharing my time with the member for Sherwood Park—Fort Saskatchewan.
I thank the member for Central Okanagan—Similkameen—Nicola for his continued efforts to promote economic vibrancy through interprovincial trade across our great nation. I am motivated to speak in support of the motion because I find myself asking the same question that many Canadians are asking. Why not? Why would we delay action that would free Canadians to offer their goods to fellow Canadians right across our nation?
I understand that the previous government committed to working with the provinces and the territories to do away with restrictions that limit interprovincial trade. However, now we have an indication that we should be referring to the Supreme Court so that developing and future legislation and regulations do not cause extended delays in freeing the sale of goods across provincial lines.
Let us be clear here. What we are talking about is the court clarification of free trade among the provinces and territories. The recent decision handed down by the Supreme Court of New Brunswick confirmed that section 121 of the Canadian Constitution says:
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 seems pretty clear that the Constitution provides for free trade across provincial boundaries. Although this court decision and campaign has been dubbed “free the beer”, it is about much more than beer.
Our Fathers of Confederation had the vision and foresight when composing our Canadian Constitution to include this section, this concept, and this liberty. Their vision in forming a nation for all members, constituents of the nation, would be free to trade with each other, to build commerce, and to benefit from the co-operative trade was a vision far beyond its time.
Then in 1921, the Gold Seal decision said that this vision, this liberty of section 121, only meant that interprovincial free trade could occur without any tax or duty imposed as a condition of their admission. The Gold Seal decision somehow became the basis of constricting powers, allowing a patchwork of restrictions to grow over time. Somehow as provinces and a country, we have lost the clear vision of free trade across our federation the way our founders envisioned it.
Now the stage is set to make things right. In 2012, Mr. Gerard Comeau, the defendant in the recent court decision, made some decisions. He first decided to take a drive to Quebec and purchase some spirits and beer. I suspect he was not the first New Brunswicker to do so. Upon returning to his home province of New Brunswick, where the provincial liquor act restricts interprovincial importation to one bottle of spirits or wine, or 12 pints of beer, he was stopped and charged with importation charges. Why? His property was not stolen, no, he had paid for it in Canada, which means he had also paid taxes, federal and provincial, for the goods.
Then when Mr. Comeau decided to challenge the charges laid against him and take the case to court and put his trust in the Constitution of Canada, he sparked a reaction that has raised the profile of section 121 of the Constitution. Again, it states:
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.
That is what section 121 states. I do not know how that statement could be any more clear, but obviously it has become clouded, manipulated, and misinterpreted over the last 149 years.
Here we are today as our nation looks on, wondering if we might have the wherewithal to uphold the intent, the spirit, and the liberty afforded to us by our forefathers, the liberty to move goods across provincial lines freely.
Why would the current government risk stalling the process of removing restrictions by not seeking clarity of the Supreme Court so that whatever agreements are reached between the provinces would stand far less risk of being challenged and delayed in their implementation? Does the current government doubt that the notion of individual liberty set out in section 121 of the Constitution is inappropriate? If so, then it should take a look at how much beer, wine, and liquor moves across the river behind this place on the Hill on a daily basis, especially on a Friday.
In all seriousness, let us trust Canadians to hold section 121 of the Constitution as they wish. There have been successes in restoring the spirit of section 121, and we ought to carry that momentum forward. The Agreement on Internal Trade came into force in 1995, as an intergovernmental trade agreement signed by the Canadian first ministers, and is aimed at reducing and eliminating barriers for free movement of persons, goods, services, and investment within Canada. This is essential for an open, efficient, and stable economic market.
Twenty-one years after the introduction of the Agreement on Internal Trade, we need to move forward again with bolstering interprovincial trade. There are provinces that have taken significant steps in this direction, and continue to facilitate interprovincial trade because it yields mutual benefits, because it works.
One example of initiative and leadership at the provincial level in driving interprovincial trade is the New West Partnership Trade Agreement, the NWPTA, which was agreed to by the governments of British Columbia, Alberta, and Saskatchewan. The NWPTA came into effect in 2010 and has been fully implemented since 2013. The NWPTA represents Canada's largest barrier-free interprovincial market. This agreement is an extension of the pre-existing Trade, Investment and Labour Mobility Agreement between British Columbia and Alberta in 2006. In the NWPTA, B.C., Alberta, and Saskatchewan became the first jurisdictions in Canada to commit to full harmonization of the rules affecting trade, investment, and labour mobility. This removed barriers to free movement of goods, services, investment, and people between the three provinces. These agreements were hammered out by provincial leaders for the benefit of their constituents.
I believe that we too, as federal legislators, can seize the opportunity to bolster our national economy by leading all the provinces and territories to agreements that remove restrictions on trade or the mobility of investment and labour. Canadian businesses, investors, and workers deserve to be treated the same across Canada. The federal government has an opportunity to provide leadership in establishing such an agreement to open doors of the provinces and territories.
Some may say this is not possible: that the provinces and territories need to be insulated from one another; that disputes would eclipse any possible benefits of co-operation. I disagree. I believe that a strong economic union means a stronger Canada. I believe that opening doors for the provinces and territories to one another would spur mutual benefit and broader opportunities now and in the future. As I mentioned earlier, this is much more than free beer; it is a much larger issue than that.
Let us make it clear again that the hands that trade or choose goods across provincial boundaries should not be changed by the restrictive status quo. Our Constitution was drafted by recognizing interprovincial trade and the value it brought to Canadian economic growth and Canadian buyers of goods.
While we have this in our sights again, let us not lose sight of it for partisan reasons. Let us move this forward for the benefit of Canadians, like Mr. Comeau, who want to purchase Canadian goods in other Canadian provinces.
As our fellow Canadians look on with intent at the proceedings here today, let us all be mindful of our duty to protect, and if need be restore the liberties provided in section 121 of our Constitution.