NimpoCub
Registered User
Nimpo Lake, BC . . . AKA "the Floatplane Capital o
High Court Guarantees Airport Rights
http://www.supercub.org/component/m...gh-court-guarantees-airport-rights&format=pdf
In a sweeping decision, the Supreme Court of Canada has confirmed the federal government is the sole authority over airports, regardless of whether they're backcountry strips or major hubs.
COPA challenged decisions by two Quebec municipal jurisdictions to outlaw private airports and took it all the way to the highest court. The court said the air navigation system in Canada is "non-severable" and rests entirely with the federal government. It essentially said that anyone who wants an airstrip on private property can have one.
"This view reflects the reality that Canada’s airports and aerodromes constitute a network of landing places that together facilitate air transportation and ensure safety," the court said.
The decision was everything the pilot group could have hoped for.
"This is a great day for Canadian Aviation", said COPA President and CEO Kevin Psutka. "This issue has been debated for decades. The attempts by municipal and provincial governments to restrict aviation activities were becoming unrelenting as the years passed. It was necessary to take this debate back to the highest Court for resolution in order to put to rest the confusion created by previous lower court decisions. I am pleased with the results of this effort and thank the many supporters for their contributions to our Freedom to Fly Fund. Without such contributions, these legal challenges in support of the rights of Canadians to freely establish aerodromes would not have been possible."
The decisions can be found at http://scc.lexum.umontreal.ca/en/2010/2010scc39/2010scc39.html and http://scc.lexum.umontreal.ca/en/2010/2010scc38/2010scc38.html
http://www.supercub.org/component/m...gh-court-guarantees-airport-rights&format=pdf
In a sweeping decision, the Supreme Court of Canada has confirmed the federal government is the sole authority over airports, regardless of whether they're backcountry strips or major hubs.
COPA challenged decisions by two Quebec municipal jurisdictions to outlaw private airports and took it all the way to the highest court. The court said the air navigation system in Canada is "non-severable" and rests entirely with the federal government. It essentially said that anyone who wants an airstrip on private property can have one.
"This view reflects the reality that Canada’s airports and aerodromes constitute a network of landing places that together facilitate air transportation and ensure safety," the court said.
The decision was everything the pilot group could have hoped for.
"This is a great day for Canadian Aviation", said COPA President and CEO Kevin Psutka. "This issue has been debated for decades. The attempts by municipal and provincial governments to restrict aviation activities were becoming unrelenting as the years passed. It was necessary to take this debate back to the highest Court for resolution in order to put to rest the confusion created by previous lower court decisions. I am pleased with the results of this effort and thank the many supporters for their contributions to our Freedom to Fly Fund. Without such contributions, these legal challenges in support of the rights of Canadians to freely establish aerodromes would not have been possible."
The decisions can be found at http://scc.lexum.umontreal.ca/en/2010/2010scc39/2010scc39.html and http://scc.lexum.umontreal.ca/en/2010/2010scc38/2010scc38.html
