The continued diplomatic exchanges centred around the provisions of the CUSTA that acknowledged the right of the parties to adopt new technical standards but that recognized the danger of governments raising
new trade barriers under the guise of health or other technical standards.
Moore was retained by the Alberta government when litigants from Saskatchewan started using the same arguments as the Comeau defence team to challenge subsidies that the Alberta Gaming and Liquor Commission provides to craft breweries in the province, arguing that they were tantamount to
trade barriers and were forbidden
under the
new and expanded (or old and revived, depending on your view) version of section 121 espoused in Judge LeBlanc's decision.