Monthly Archives: January 2014

What is “Air Service”?

The Canadian Transportation Agency recently published a decision which sets out how it determines what constitutes an “air service” and what criteria will be applied in making that determination. The Agency is mandated to administer, interpret and enforce the Canada Transportation Act (“CTA”). The CTA provides for various licensing requirements in respect of air transportation and those requirements apply to any person who operates or intends to operate an “air service” in Canada. Therefore, the answer to the question of whether one is operating an air service may have significant consequences on the obligations to comply with regulatory requirements. 

“Air Service” is defined in the CTA as “a service provided by means of an aircraft, that is publicly available for …

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Do protesters have the right to demonstrate in Canadian airports?

In October 2011, eight members of an anti-abortion organization engaged in demonstrations in the Calgary Airport terminal building. The protesters were carrying signs and distributing pamphlets. After they refused to leave the premises, the Airport Authority called police, who attended and charged the protesters under Alberta trespass legislation. The Provincial Court of Alberta recently released its judgment in this case (R. v. Booyink), and addressed the issue of whether the Calgary Airport Authority is subject to the Canadian Charter of Rights and Freedoms in the context of protests on airport premises.

 

In 1991, the Supreme Court of Canada decided a similar case, which involved individuals distributing political pamphlets at the Dorval Airport (Committee for the Commonwealth

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