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HOLLAND
COLLEGE • October 20, 2001
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Kirsten Ferguson Surveyor Staff The three dark pink cans wrapped in plastic bags exhibited in provincial court don't appear to contain an illegal substance. The cans, imported from the United States, contain fizzy strawberry and raspberry flavoured drinks. Last June, provincial environment inspectors fined Uncommon Grocery store owner Barb MacLeod $1,000 for selling the spritzers in her store. Island stores have not been allowed to sell flavoured carbonated beverages in non-refillable containers since the mid-1980's under provincial Environment Protection Act litter-control regulations. MacLeod did not pay the fine and took her case to court before Provincial Court Judge John Douglas on Oct. 9. Douglas said MacLeod and her lawyer, Sean Kelly, gave a convincing argument saying the law doesn't make sense because some canned drinks, such as non-carbonated fruit juices and iced tea, are considered legal while others, such as beer and soft drinks, are not. But Douglas said MacLeod still had to pay the $1,000 minimum fine for violating the law, plus a $10 victims of crime surcharge, when he announced his verdict on Oct. 15. "I am satisfied that the beverages in question fall under the category of soft drinks." Seasonal auxilary conservation officer Allan Godfrey was the first person in his department to spot the canned beverages in MacLeod's store last May. "I was out just on lunchtime," Godfrey testified on Oct. 9. "I went in and just kind of browsed the store." Godfrey explained the regulations to a store clerk "as a goodwill gesture of the heart," handed her some documents, and asked to speak to MacLeod, who was out of town at the time. "I have no interest in seeing people get in trouble with the law," said Godfrey, who said he only wanted to advise the store about the carbonated beverage policy and didn't mean to start any trouble. A month later, on June 29, conservation officers A.J. McSwain and Paul Walker visited the Uncommon Grocer, purchased three spritzer cans, and charged MacLeod with selling carbonated beverages in non-refillable containers. "We told her she had illegal products on her shelf that we wanted her to remove," Walker testified. MacLeod and her lawyer, Sean Kelly, said laws regulating which canned beverages can be sold on P.E.I. are unfair because some canned drinks, such as non-carbonated fruit juices and iced tea, are considered legal while others, such as beer and soft drinks, are not. "It doesn't make sense," Kelly said. The canned fruit spritzers sold in MacLeod's store are classified as soft drinks under provincial law because they are flavoured carbonated beverages. Kelly placed many different canned beverages on the witness stand when he cross-examined McSwain, including cans of Fruitopia, iced tea, lemonade, and carbonated club soda. Each time Kelly placed a drink on the stand, he asked McSwain if he'd ever fined anyone for selling the drink. Each time, McSwain said, "No." Kelly said, "Juice in a metal can is O.K. and carbonated water in a can is O.K., but for some bizarre reason, when the two are combined, it suddenly has an adverse effect on the environment." Kelly asked if conservation officer Charles Gallison knew of any adverse environmental effects of carbonated water or fruit juice on the environment. "I don't know of any studies," Gallison said. Douglas said, "When you look at the vast array of products found in cans or non-refillable products, it makes you wonder." "It's an interesting argument, why the province chose to regulate just soft drinks." Crown prosecutor Valerie Moore said, "Soft drinks have to be in refillable containers, not recyclable containers." She said people may disagree with the law, but they do not have the right to violate it. "Whether one agrees with it or not, that's the way it is," Moore said. "There certainly is no constitutional right for people to have pop in cans." Douglas said, "I think the most appropriate place to make such arguments is the legislature." MacLeod said, "To be perfectly honest, I'm very disappointed," during a press conference following the verdict. "This isn't pop. Seaman's only produces soda pop," she said about the link between the law banning canned beverages and protecting jobs at the local bottling plant. "It's a wonderful alternative for people who don't want to drink soda pop." MacLeod said she might consider appealing or taking her fight to the provincial legislature, but doesn't know when she can find the time to do so between managing her business and taking care of her children. She must pay her $1,000 fine within one year. |
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