Bootlegging

Although bootlegging is illegal and can potentially result in high fines and jail time, bootleggers have customers. Often customers are people who cannot access liquor legally – because liquor is restricted or prohibited in their community; because they are under 19 years of age; because they are intoxicated; or because legal sales outlets are closed. Bootlegging will never be eliminated, but measures can be taken to mitigate it. The legislation could make it more difficult for bootleggers to access liquor in the ways they normally purchase it (e.g. restricting sales of 375 ml bottles of spirits), or make it easier for bootleggers’ customers to purchase liquor legally (e.g. extending hours or days of legal trade). While adjustments can be good, adding or loosening restrictions can create other problems such as inconveniencing law-abiding citizens or forcing bootleggers to take bigger risks. 

Advertising

The Canadian Radio-television and Telecommunications Commission (CRTC) has a “Code for Broadcast Advertising of Alcoholic Beverages”. These rules restrict anyone from advertising liquor in a way that makes it attractive to youth or to vulnerable people or that suggests illegal activity. As well, the NWT prohibits anyone from advertising free or discounted liquor, and there are strict rules about how manufacturers can be sponsors. Some people may think the advertising rules are too tight to allow businesses to promote themselves. Others might think the rules do not go far enough. In at least one Canadian province, the liquor industry must include a social responsibility message with all advertising. In another province, the liquor industry must have any advertising pre-approved by the government. 

Liquor Delivery

In many parts of Canada, residents may order liquor for local delivery for a fee. There are many models: liquor stores fulfilling the order and using their own delivery person or a delivery service; a liquor delivery business becoming licensed to purchase, sell and deliver liquor for their customers; and licensed premises fulfilling the order and using their own delivery person or an authorized delivery service. Whatever the case, no order may be delivered to a person who cannot prove they are at least 19 years’ old, nor to a person who is intoxicated. There are also rules such as limits on delivery hours, quantities and mandatory training for delivery people. 

In the NWT, holders of a Class A licence (bar) or Class B licence (restaurant) may deliver limited quantities of liquor using their own delivery person. No liquor delivery is permitted on a Sunday or after 10pm. Communities may create bylaws to restrict or prohibit this. Also, NWT liquor stores may fulfil mail orders to a community that does not have a liquor store and is not under a prohibited system. There are other rules.
Liquor delivery recognizes that not everyone can physically go to an outlet. Delivery is convenient for customers; supports small businesses; and has the same checks and balances as other types of legal liquor sales. On the other hand, some people worry that youth and intoxicated people are finding loopholes, and some people worry about the safety of delivery personnel. 

Public Place

People are not permitted to consume liquor in a public place unless specifically authorized. Residences and licensed premises are not public places. Remote locations used for outdoor recreational activities are not public places. Venues where liquor is sold under a Special Occasion Permit are not public places during the event. By “not” being a public place, liquor may be consumed there, but public intoxication is always prohibited. 

In some parts of Canada, many places have been exempted from being a public place so that responsible personal consumption can occur there. Examples include local parks, common areas in campgrounds, offices within public buildings, and seating areas at a baseball field. In one Canadian jurisdiction, communities decide which places are public or not.