The Supreme Court of Canada has ruled unanimously that provinces and territories have the constitutional right to restrict the importation of goods from each other, as long as the primary aim of the restriction is not to impede trade.....
Comeau's defence centred on section 121 of the Constitution Act, which states products from any province "shall … be admitted free into each of the other provinces."
A 1921 Supreme Court decision interpreted that to mean the products only had to be free from tariffs, not from other barriers such as limits on quantity.
Comeau and others argued that that decision offered too narrow an interpretation, and that it led to the proliferation of interprovincial trade barriers.....
But the Supreme Court disagreed Thursday, ruling that section 121 does not impose absolute free trade across Canada.
The court said that section 121 prohibits laws restricting inter-provincial trade, but only where restricting trade is the laws' main purpose.
The court found that the primary purpose of New Brunswick's law was "to prohibit holding excessive quantities of liquor from supplies not managed by the province."....
The court was also concerned with the potential far-reaching implications of taking away any province's power to control what comes across its borders.
The court said it would undermine Canadian federalism and throw into jeopardy agricultural supply management schemes, public health-driven prohibitions and environmental controls.
Public health-driven prohibitions and environmental controls, are the basis of Horgan's reference case and the judges singled out both as valid provincial concerns and areas of jurisdiction.
The court said it would undermine Canadian federalism to take away any provinces power to control what comes across its borders.
Horgan's just got a whole lot stronger.