Monthly Archives: September 2012

External Inspection of an Aircraft: No Violation of Charter Rights

Aviation - judge

The pilot of Rockwell Aviation SR2 Thrush Commander crop duster aircraft was charged under s. 7.3(1)(e) of the Aeronautics Act with willfully operating an aircraft that had been detained by Transport Canada.

During the course of the trial, the pilot claimed that his right to be secure from unreasonable search under s.8 of the Canadian Charter of Rights and Freedoms had been violated when the Transport Canada Inspectors inspected the aircraft and ultimately placed a notice of detention attached to the controls of the aircraft.

The pilot claimed that any actions taken by the Transport Canada Inspectors regarding the aircraft were done without a search warrant and without the pilot’s permission.

The Transport Canada Aviation Enforcement Inspector indicated that he …

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