Category Archives for Judicial Review

Roncarelli v. Duplessis: Abuse of power by the Quebec Liquor Commission

Provincial liquor Acts furnish their respective jurisdictions with a complete code for the administration of the sale and distribution of alcoholic beverages. Mr. Justice Rand of the Supreme Court of Canada, all the way back in 1959, observed that these provincial Acts recognize the association of wines and liquors as embellishments of food and “its ritual as an interest of the public”. He went on to find that once obtained, a licence or permit to sell alcohol at a bar or restaurant becomes a vital part of that establishment. This was over 60 years ago.

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Cooper v. British Columbia: Court of Appeal rebukes Liquor Control and Licensing Branch

British Columbia’s Court of Appeal ended 2017 with a stinging rebuke of the Liquor Control and Licensing Branch’s October, 2016 decision to cancel the liquor licences of Dell Lanes, a family-operated bowling alley in Surrey, B.C.  Madam Justice Newbury, after being left with a “sense of unease” concerning the decision-making process followed by the Branch ordered that the bowling alley’s licences be renewed, albeit with some additional conditions.

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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.

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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?

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Liquor Law 101: The Administrative Regime

Alcohol & Advocacy routinely provides readers with an “insiders” look at how the liquor laws in British Columbia are written, interpreted, and applied. At A&A we often write about the Liquor Control and Licensing Branch making “decisions” and issuing licences as well as fines – this is what lawyers call “administrative law”. But what is admin law?

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