Statement on court case regarding Gérard Comeau29 November 2016
FREDERICTON (GNB) – The following statement was issued today by Public Prosecutions Services regarding the court case involving Gérard Comeau:
The prosecution of Gérard Comeau for an offence contrary to section 134 of the Liquor Control Act has attracted considerable attention. The implications of this decision are far greater than simply addressing the purchase of alcohol. It concerns issues of inter-provincial trade with significant consequences.
Public Prosecution Services has conducted the prosecution understanding the importance of the resolution of Mr. Comeau’s constitutional challenge to the legislation. It has made decisions regarding the manner of the prosecution in this case, as it does in all cases, independently and free from any government or third-party interference.
On Oct. 20, Public Prosecution Services’ appeal of the trial judge’s decision in this case was dismissed without reasons by the Court of Appeal of New Brunswick. Given the national significance of the issues involved, Public Prosecution Services has decided to seek leave to appeal to the Supreme Court of Canada.
The application will be brought pursuant to section 40 of the Supreme Court Act. This is not an appeal of the New Brunswick Court of Appeal’s refusal to grant leave. It is an application for leave to appeal the merits of the provincial court decision.
The Public Prosecution Services Branch is independent in its role and therefore, does not act on direction from government in the discharge of its responsibilities.
There will be no further comments until this matter is concluded.