Causing a Comeau-tion, Part One

“Free the Beer!” It’s become a rallying cry across Canada, largely thanks to a legal challenge brought before the Supreme Court in 2017 concerning the transfer of alcohol across provincial borders. In R v Comeau, the Court considered the constitutionality of interprovincial trade barriers on the sale of alcohol following an appeal brought by Gerard Comeau, a man who was fined for transporting alcohol from Quebec to New Brunswick. In this episode, we examine the struggle to break down interprovincial trade barriers, as well as the institutional and political pressures that make litigation the best (and perhaps the only) way to do it. McGill political science professor Christopher Manfredi tells us about legal mobilization, the process of using litigation to push for a policy goal. We also speak with Howard Anglin, Executive Director of the Canadian Constitution Foundation, who explains why the CCF decided to support Mr. Comeau’s case and what they hoped to achieve. This podcast was created and produced by Adam Casey and Emma Noradounkian, editors for volume 63 of the McGill Law Journal.