AIR LAW |
Veideman v. Canada (Minister of Transport)
T-846-01
2003 FCT 586, Snider J.
12/5/03
11 pp.
Judicial review of decision of Appeal Panel of Civil Aviation Tribunal allowing appeal of Minister of Transport and reinstating monetary penalty of $500 against applicant-- On March 29, 2000, applicant helicopter pilot transporting skiers to top of certain slopes in Blanket Ridge area of Monashee Range, South of Revelstoke, British Columbia-- While ascending into area known as Vortex, applicant's helicopter encountered members of group of skiers who accessed area by skiing in on up track--Skiers complaining helicopter flew in close proximity to them on several occasions--Respondent issued notice of assessment of monetary penalty of $500 alleging applicant breached Canadian Aviation Regulations, s. 602.14(b) by unlawfully operating aircraft at distance of less than 500 feet from person--Review Member finding, on balance of probabilities, applicant exercised all due diligence to prevent contravention --Tribunal allowing appeal, reinstating monetary penalty-- Whether Tribunal erred in interpretation, application of law of due diligence--Applicant charged with contravening Regulations, s. 602.14(b)--Aeronautics Act, s. 8.5 setting out defence of due diligence--Appropriate standard of review reasonableness simpliciter--Tribunal did not err in interpretation, application of law of due diligence--Once respondent established, on balance of probabilities, constituent elements of Regulations, s. 602.14(2)(b), strict liability offence, onus shifted to applicant to prove, on balance of probabilities, he exercised all due diligence to avoid commission of offence--Applicant's submissions, actions on March 29, 2000 ignoring one of purposes of Aeronautics Act, regulations protection of public, including not only heli-skiers in applicant's helicopter, but skiers ascending run via up track--Tribunal not ignoring unusual circumstances of particular operation--Decision reflecting understanding of commercial nature of heli-skiing, appreciation of mountainous terrain--Tribunal did not err by concluding applicant had not exercised due diligence--Application dismissed--Canadian Aviation Regulations, SOR/96-433, s. 602.14--Aeronautics Act, R.S.C., 1985, c. A-2, s. 8.5 (as enacted by R.S.C., 1985 (1st Supp.), c. 33, s. 1).