The B.C. wine industry has a great interest in a New Brunswick court case that may be decided in the spring.

Its outcome and possible subsequent rulings from higher courts could spell the difference on whether or not the industry is able to tap new markets in the country.

As Vancouver lawyer and liquor policy expert Mark Hicken explained, a potential result could be a legal declaration that it is unconstitutional for provinces to restrict the flow of alcohol across their borders.

“Suddenly, you’re able to sell wine to a lot more people all across the country, and your market has expanded dramatically,” Hicken told the Straight in a phone interview.

The New Brunswick case involves retired steelworker Gerard Comeau.

In 2012, Comeau went to Quebec, and bought 14 cases of beer and three bottles of liquor.

When the man returned, he was stopped by the RCMP and charged for bringing in too much booze in the province.

Under the province’s liquor law, a person may only bring one bottle of wine or spirits, or 12 pints of beer from another province.

Comeau’s lawyers argued in the trial last year that it is unconstitutional for the province to limit the transport of alcohol from another province.

It’s an exciting case for Hicken, who specializes in liquor issues.

One of the things he had been working on for years is the matter about the ability of people to get wines from other provinces.

Until 2012, it was a federal offence to convey alcohol between provinces. In that year, it became legal to carry wine, but not beer and spirits, from one province to another.

When Ottawa changed the law, legislation was written such that interprovincial transport continued to be subject to provincial rules.

Except for B.C. and Manitoba, not all provinces were on side, according to Hicken.

The B.C. government introduced regulations that allow British Columbians to order wine directly from a winery in another province. Hicken noted that it has to be 100 percent Canadian wine and only from a winery, not a retailer.

With respect to imported wine, he explained that B.C. residents can get only one case, and the buyer has to transport it personally.

In 2014, the federal law was extended to allow inter-provincial transport of beer and spirits, the Vancouver lawyer said.

At present, the B.C. wine industry can only sell legally in the province and Manitoba, Hicken said.

Going back to the Comeau case, if the man succeeds in challenging the constitutionality of his province’s liquor laws, Hicken said that would mean that New Brunswick residents could then go to Quebec or any, buy alcohol, and bring them back “without having to worry”.

This potential decision applies only to New Brunswick, and Hicken expects it to be appealed with the higher courts.

If it reaches the Supreme Court of Canada and gets a favourable decision, then it would be binding across the country, Hicken said.

“The excitement really is that we’d have a court decision saying it’s unconstitutional for provincial governments to prevent Canadians from purchasing, you know wine, and other alcohol in other provinces. That would be a major step,” Hicken said.

“All that it would really do is make Canada like anywhere else in the world,” Hicken continued. “You know, if you’re in France or Australia or nearly other country in the world, you can buy alcohol from another part of the country without any problem.”

This will bring tremendous benefit to the B.C. wine industry.

“The ability to sell directly to consumers is the most profitable channel for wineries,” Hicken said.

According to Hicken, that’s a thing that producers, especially the smaller ones that are focused on quality wines, have been wanting for a long time.