Intentionally landing on public roads

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Bede
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Re: Intentionally landing on public roads

Post by Bede »

N181CS wrote: Sun Oct 07, 2018 7:58 pm So far as I read the COPA information on their flight with Provincial and Municipal authorities neither the province or municipality can make a law regarding the core of aviation. Take off and landing being a core of aviation. Not saying it's legal or not but they can't stop you from using a lake or other property.
I think that you're taking a simplistic approach to a complex feature of Canadian constitutional law. Without writing the pages required to give proper treatment of this subject, I should point out that s. 92 of our Constitution gives provinces the authority to make such laws. Your comment alludes to the doctrine of interjurisdictional immunity (IJI), which requires "impairment" in addition to something being "at the core of the federal competency", though IJI would be the incorrect doctrine to apply in this case.
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N181CS
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Re: Intentionally landing on public roads

Post by N181CS »

Very over simplified for sure. This is av Canadian I'm not here to prove I have the biggest brain or waste my time looking to quote statutes and links. I would say it could be an impairment to airborne application and I'm sure some other areas of aviation as well. I could live in the sticks but not be close to an airport or a lake... anyway as you said over simplified. To be honest though you would rather there be a PO for it rather then a TC or Criminal violation as if a Provincial Offence exists they have to prove why they should not use the lowest form of punishment and it gives the judge more options to no totally toast your life and career.
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photofly
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Re: Intentionally landing on public roads

Post by photofly »

Pith and substance, people. Pith and substance.

Per Wikipedia article on same:

“Thus, if a statute is found in substance to relate to a topic within the competence of the legislature, it should be held to be intra vires even though it might incidentally trench on topics not within its legislative competence. The extent of the encroachment on matters beyond its competence may be an element in determining whether the legislation is colourable: whether in the guise of making a law on a matter within its competence, the legislature is, in truth, making a law on a subject beyond its competence. However, where that is not the position, the fact of encroachment does not affect the vires of the law even as regards the area of encroachment.”

Now try to argue that who uses roads and for what purpose isn’t the competence of the provincial government.
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DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
N181CS
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Re: Intentionally landing on public roads

Post by N181CS »

How about landing and taking off in a Provincial park? Or within city limits? That argument could be used in a lot of cases. It's a public right of way and society is built around those right of ways, plus I'll be charged with trespassing if I don't use those right of ways to go from A to B. As long as its not a dnager to the public and posses no real hazard I feel it's acceptable. But hey that's my opinion and this is not a show your work assignment to prove how you got to your thought process. I'm cool with others interpretation of the rules this is just mine.
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photofly
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Re: Intentionally landing on public roads

Post by photofly »

Landing and taking off in city limits is governed by CAR 602.13. Provincial regulation wouldn’t apply.
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DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
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