Question

10.Bernie is a businessman that operates several bars in the province of New Brunswick. For the past several years, the New Brunswick government has been charging him (as well as all other bar owners) a user fee on all alcohol purchased. Bernie passes this fee onto his customers in the form of higher prices for drinks. Bernie, however, is not happy and wants to challenge the constitutionality of the province of New Brunswick actions. Which of the following is Bernie’s best argument?   

1. The province of New Brunswick has no jurisdiction to charge this fee
2. The province of New Brunswick’s actions are unfair as they result in higher alcohol prices for consumers
3. The province of New Brunswick’s actions infringe on Bernie’s freedom to conduct business
4. The province of New Brunswick’s actions are an infringement of the equality provisions of the Charter of Rights and Freedoms.

(please give explaination)

Answer 1

b. The province of New Brunswick’s actions are unfair as they result in higher alcohol prices for consumers is Bernie’s best argument. As the province of New Brunswick has all the jurisdiction to charge this fee, neither it is infringing on Bernie’s freedom to conduct business, nor the action is an infringement of the equality provisions of the Charter of Rights and Freedoms. The user fee which is being charged on bar owners is eventually increasing the price for drinks and being paid by the consumers, and that can be the best argument for Bernie.