What authority does the Court have in dealing with allegations of improper sale of beer?
Saskatchewan, Canada
The following excerpt is from Rex v. Busy Bee Wine & Spirit Importers of Saskatchewan Ltd., 1921 CanLII 142 (SK CA):
I think the case we are dealing with on this appeal comes within the authority of Boyle v. Smith, supra, In this latter case the accused had no license to deal in beer in the manner in which his drayman did deal in it. Consequently it could not be assumed without proof that the drayman did something within the course of his employment in selling the beer as he did. To assume this would be to assume that the master had employed him for an illegal purpose, a thing which would have to be proved specifically and could not be inferred from the mere fact that the servant did, on one occasion, without the knowledge of his master and against his instructions, take advantage of the control he had over his master’s beer to dispose of it in an illegal manner.
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