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In the meantime, he's been develop- ing a reputation as a commentator on wine law issues, an area he says few law- yers have chosen to specialize in. He's got a blog about it at winelaw.ca. "Up here, even though the industry is expanding rapidly, I think up until now there hasn't really been anybody who is focused on all the disparate areas. Th ere are so many diff erent areas of law which are applicable to the wine industry. It's highly regulated, and there's pretty much everything from employment law to intellectual property to immigration. In some respects, somebody who is a wine lawyer is almost acting like a general counsel to a company because you need to have an awareness of a lot of diff erent areas of law as to how they apply to the wine industry particularly." Adding to the opportunities for law- yers is the fact that while the industry is growing, laws around wine remain a work in progress, especially given the legacy of government regulation of the sector stem- ming from prohibition-era legislation. "Regulations are being looked at. Th ey are being changed," says Wilson, who points out that Canada is in the process of updating its Trade-marks Act in order to respond to European complaints that it allows for generic use of terms such as champagne that countries like France protect under appellations related to its geographic origin. "Th e law really in the whole West Coast right now around wine is in fl ux." In particular, the wine and legal communities have been abuzz in recent months about a thought-provoking article by Cassels Brock & Blackwell LLP lawyer Ian Blue that challenges Canada's ban on interprovincial trade in alcohol except through provincial liquor boards. Th e issue heated up last year when liquor authorities in Ontario and Manitoba made moves to enforce the federal ban, enacted under the Importation of Intoxicating Liquors Act, against two B.C. wineries over online sales of their product. In one case, the issue was simply over the fact that the business in question wasn't actively blocking pur- chases by customers in other provinces. "Th e hugest barrier is distribution because you can't just produce great B.C. wine or great wine from the Niagara region and ship it all around Canada," says Dominic and social responsibility concerns, fear of opening the 'national treatment' fl oodgates to imported wine and liquor, and conse- quent loss of provincial revenue — they are no answer to s. 121 nor do they alter the legal conclusion that the IILA is probably unconstitutional," he wrote recently in the Advocates' Quarterly. In response, people like lawyer Al Hudec Lawyer Eugene Kwan bought the first winery he saw. Petraroia, managing partner with the Kel- owna, B.C., offi ce of Farris Vaughan Wills & Murphy LLP. For Blue, the issue is s. 121 of the Consti- tution Act, which requires Canadian goods "be admitted free into each of the other provinces." How, then, can the importation act, which dates back to the prohibi- tion era, continue to stand? Th e answer, according to Blue, is that it shouldn't. "While there may be many arguments against changing Canada's system of liquor control — among them neo-temperance in Vancouver hope someone will take the government to task over the ban. "I'd like to fi nd a client that's willing to pursue a con- stitutional challenge. It's a good argument," says Hudec, a partner at Farris' Vancouver offi ce. "If you wanted to be cynical about it, the provincial liquor control boards are a huge source of revenue to governments. I think [the law] is probably about maintain- ing the revenue base." Kwan says while government rules can 164406 DD CL 4Aug BigCase 8/6/09 3:13 PM Page 1 Need a hand? • 19" x 16" x 11" • Approx. 5 Lbs. • 1680D Ballistic Nylon • Padded computer pocket • Telescopic handle • In line skate wheels • Front zippered organizer be favourable to the production of wine, particularly in the form of tax breaks for estate wineries that grow their own grapes, selling it through government bodies like the B.C. Liquor Distribution Branch can be a headache and sometimes Help is here with the BIG Case ideal for lawyers, accountants, businessmen/women, etc... C To order the Big Case please quote code #90036-00 your LAW OFFICE PRODUCTIVITY source 1-888-393-3874 Fax: 1-800-263-2772 dyedurhambasics.ca Since 1998 www. C ANADIAN Law ye rmag.com SEPTEMBER 2009 43 W e ' r e a y C a n a p d i m a n o a n