Many who have followed this blog over the past year or two may be aware that Tuesday, June 16th was the date set for the judge to render her decision on charges laid against Ross Harrington.
In quick review, Ross Harrington is owner/operator of Wine Kitz, a home winemaking store located in Halifax NS. In 2007, Mr. Harrington attempted to offer the same in-store winery services available to consumers in many other Canadian provinces including British Columbia, Saskatchewan, Ontario, New Brunswick & Prince Edward Island.
Charges laid against Mr. Harrington were: selling alcohol without a license, and keeping/storage of alcohol without a license.
On the charges of keeping/storage of alcohol without a license, Mr. Harrington was found not guilty. In short, the judge deemed the license obtained from the Federal Excise Act for in-store winery services as valid. The crown had contested that this document was a registration and not a license.
On the charges of selling alcohol without a license Mr. Harrington was found guilty. The judge clearly indicated that her decision was not based on the in-store winery services provided by Mr. Harrington but solely on the definition of alcohol contained in Nova Scotia Liquor Act. In her opinion, this broad definition of alcohol considers a winemaking kit as alcohol!!
To review this soon-to-be famous definition of alcohol click on the link below. You will find the definition under Interpretation (k).
http://www.gov.ns.ca/legislature/legc/statutes/liquorc.htm
The judge’s basis for a guilty decision has left many and most stakeholders in the consumer-made wine industry befuddled and bewildered.
What happens next? Will all Nova Scotian industry retailers, wholesalers and distributors be forced to cease and desist in selling wine kit products? Will more Nova Scotians join the ranks of the unemployed?
Maybe our newly elected government, the NDP, hold the answers to these many questions. Time will tell.
Sentencing for Mr. Harrington’s guilty charge is scheduled for Tuesday, June 30th.
Cheers,
Blair
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