Craft Beer Industry Incentives Deemed Unconstitutional
On June 19, 2018, the Court of Queen's Bench issued its decision in Steam Whistle Brewing Inc. v Alberta Gaming and Liquor Commission, 2018 ABQB 476 [Steam Whistle]. Justice Gillian Marriott held that the Alberta Gaming and Liquor Commission's (AGLC) tariff and grant policy for Alberta craft breweries was an unconstitutional restraint on interprovincial trade.
This is one of several interprovincial trade issues making headlines in recent months, and may foreshadow how the Court will decide other interprovincial trade issues.
Summary of Decision
The Court agreed with Steam Whistle Brewing Inc., a craft brewer based in Ontario, and Great Western Brewing Company, a Saskatchewan brewer, (collectively, the "Plaintiffs") that the AGLC mark-up scheme was unconstitutional.
The AGLC collects a mark-up from...
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