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Internet Alcohol Sales now Permitted in British Columbia
Every day British Columbians head to the internet to do their shopping, even for perishable goods like groceries and flowers, and they expect to have the products they purchase delivered to their door. Now, (finally) they can do the same for all their beer, wine and spirits needs.
Toronto Distillery Co. v. The Liquor Control Board of Ontario
In January of this year the Toronto Distillery Company (the “Distillery”) brought an application in the Ontario Superior Court of Justice for a declaration that the levy imposed by the Liquor Control Board of Ontario (the “LCBO”) on the sale of its products at its on-site retail store is unconstitutional. The Distillery’s position is that the “levy” the LCBO charges on all of its products is in substance a “tax” and only the Parliament of Canada or the Legislature of Ontario has the authority to impose taxes.
The Yukon Modernizes its Liquor Laws
On August 18, 2016 the Minister responsible for the Yukon Liquor Corporation announced a series of changes to the Yukon’s liquor laws in line with the government’s previous commitment to “modernize and streamline liquor regulations”. In all, 26 regulatory changes were announced that came into effect immediately. The President of the Yukon Liquor Corporation described the changes as improving consumer convenience, reducing administrative processes and clarifying business practices. Laudable goals indeed. The press release and full list of regulatory changes can be found here.
Liquor Law Appeals Part 2 – The Cambie Malone’s Corporation
On April 13, 2016 the British Columbia Court of Appeal released its reasons in The Cambie Malone’s Corporation v. British Columbia (Liquor Control and Licensing Branch).
Liquor Law Appeals Part 1 – Judicial Review
British Columbia’s liquor licensing regime is administered by the general manager – an individual appointed under the Public Service Act by the cabinet minister responsible for the Liquor Distribution Branch, which is currently part of the Ministry of Small Business portfolio. The general manager, and the staff he or she delegates powers and responsibilities to, have significant impact on the way liquor laws are developed and applied in British Columbia.
BC’s Liquor Law Commissions of the 20th Century
“It would be a simple task to draft legislation for the distribution and sale of alcoholic beverages if all our citizens were self-disciplined and moderate users, but such is not the case, and this is amply supported by the incontrovertible knowledge that all civilised countries find it necessary and desirable to enact restrictive and disciplinary laws for its control”- Report of the British Columbia Liquor Inquiry Commission 1952
How to Lose your Liquor Licence for 15 days
On May 20, 2016 the general manager of the Liquor Licensing and Control Branch issued its decision in Re Caprice Hospitality Inc. dba Caprice Nightclub ordering a 15 day suspension of the popular Vancouver nightclub’s liquor primary licence. The decision can be found here.
Gangsters and Strippers and Liquor Law: The Story of Famous Flesh Gordon’s
Alcohol & Advocacy has previously considered what it means to be a fit and proper person for the purpose of holding a liquor licence in British Columbia: the criteria are broad and the discretion is great. Many of the criteria relate to an assessment of what the licence applicant has actually done, such as having a criminal record or committing violations of the Liquor Control and Licensing Act. But what about the less objective criteria – such as being “of good reputation and character” or being “associated” with people involved in criminal activities? How do regulators interpret those requirements?
Her Majesty the Queen v. Gerard Comeau
Over four days in late August, 2015 the harrowing tale of Mr. Comeau’s fateful trip across the J.C. Van Horne Bridge that connects Quebec and New Brunswick, with a trunk full of booze, was played out in a court room in the town of Campbellton, New Brunswick – population 7, 385.
Brissette v. Cactus Club Cabaret Ltd.
On March 16, 2016 the Supreme Court of British Columbia released its reasons for judgment in Brissette v. Cactus Club Cabaret Ltd. Madam Justice Gropper’s reasons for judgment can be found here. Brissette was a slander case: Mr. Brissette alleged that a manager at the Cactus Club restaurant at Canada Place in Vancouver, B.C. slandered him by making false statements to others that he inappropriately touched the server who was looking after his party that evening. The case has been widely reported in the media.