Liquor store to open on reserve

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In a decision which will have board repercussions, the Liquor Licensing Appeal Council of Alberta recently gave Peter Paul Willier the go-ahead to open a liquor store on the Sucker Creek Band reserve, overturning a ruling of the Alberta Liquor Control Board. It will be the first such store in Alberta.

"The ALCB clearly acted to thwart Peter Paul Willier's application for a liquor store, said Karin Buss, and Edmonton lawyer with the firm Parlee McLaws, who acted for Willier. "I was very surprised that anything this discriminatory could be done in this day and age."

"The commission's ruling (not to allow the licence) was, in our opinion, consistent with the views of Alberta Native leaders," said Darlene Dickinson, director of communications and industry relations with the Alberta Gaming and Liquor Commission, which took over regulation of the liquor industry from the board in June of 1995. "We will, of course, honor the appeal council's decision."

Willier's store became a possibility when the government of Alberta announced in September, 1993, that it would close provincial liquor stores and allow private interests to operate them instead. Before that, only a few specialty wine stores had sold alcohol outside board outlets. Between Sept. 4, 1993, and March 5, 1994, government liquor stores were phased out.

The basis for the original licence denial was a board ruling that Willier could not open the sore because "by virtue of the location, (he would be) able to provide a price advantage to certain consumers that other retail liquor store licensees cannot because these certain consumers are not required to pay taxes, (e.g. GST)." That policy was passed by the board on May 15, 1995, more than a year after Willier had applied for the store. On July 4, 1995, the board finally considered the application, and refused it. The normal time frame for such a decision, according to Buss, is about six weeks.

In its decision, the council noted that "there was no explanation or reason given by the board for the delays in this matter." It was not until Willier contacted a representative of the board, on Oct. 24, 1994, that it took any action at all.

The board arranged for a referendum on the reserve, which was held on Feb. 10, 1995. The majority of band members agreed to allow alcohol sales in the First Nation and, shortly thereafter, "the Sucker Creek Band advised the board that it had granted unlimited access to agents of the board to attend upon the licensed premises." This dealt with two areas of concern to the board. Only the question of the federal goods and services tax was undecided.

The council decision said: "The board chairman, at the board hearing on Aug. 17, 1995, admitted that its decision was based in part upon a briefing it received with respect to GST and GST exemptions for tobacco. The board chairman did not allow (Willier's lawyer) to review the briefing documents."

Willier's appeal was based on four points: a jurisdictional claim-that the ruling of the board violated the division of powers between the federal and provincial governments; an alleged violation of the Charter of Rights and Freedom; a claim that board authority did not extend as far as they'd taken it; and a claim that the policy was discriminatory.

The ruling in favor of Willier said: "There is no question that the purpose of the board policy was to prevent the establishment of retail liquor stores on Indian reserves. This policy is contrary to the Charter of Rights and Freedom, section 88 of the Indian Act and established case law. The board has no jurisdiction to discriminate if a sector of the population does not pay GST. Furthermore, this board policy discriminates against Indians on reserves and is contrary to section 15 of the Charter of Rights and Freedom." Willier had met all other requirements for the licence.

"They made some very odd remarks," Buss said. "I think that they were really afraid that the stores in High Prairie and Slae Lake would suffer, or that there would be a boot-legging problem."

"At this time, no other applications for on-reserve liquor stores have been received," Dickinson said last week.