Is this common knowledge?

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light chop
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Is this common knowledge?

Post by light chop »

In Canada, the Criminal Code (R.S., c. C-34, s. 2.) defines a peace officer as:

(f) the pilot in command of an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations, while the aircraft is in flight

Anybody ever exercise this?
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Re: Is this common knowledge?

Post by Flybabe »

Other than their utter godliness, why do you think Captains hold so much clout?? :mrgreen:
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Re: Is this common knowledge?

Post by kevenv »

light chop wrote:In Canada, the Criminal Code (R.S., c. C-34, s. 2.) defines a peace officer as:

(f) the pilot in command of an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations, while the aircraft is in flight

Anybody ever exercise this?
Another reason to be a pilot;
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Heliian
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Re: Is this common knowledge?

Post by Heliian »

Similar to a captain of a sea vessel, I wonder if the captain of a plane has the authority to marry people too?
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Re: Is this common knowledge?

Post by . ._ »

Cool!

So now if I'm flying, I can bust heads and illegally detain hippies!

Time to shop for some new flying pants! :)

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Re: Is this common knowledge?

Post by FL_CH »

Only while in flight.

I guess that's there to give the PIC authority to keep the unruly pax at bay.
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Re: Is this common knowledge?

Post by all_ramped_up »

^ I thought that's what a Bung Wrench was for? :lol:
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Re: Is this common knowledge?

Post by photofly »

Hey great. That means you can demand to see your own pilot's licence, and then arrest yourself for failing to provide it. Hours of fun!
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Re: Is this common knowledge?

Post by DanWEC »

Heliian wrote:Similar to a captain of a sea vessel, I wonder if the captain of a plane has the authority to marry people too?
It's such a common misconception regarding a Captain's ability to marry people. If you think about it, why would there be such a completely arbitrary and unrelated link in two totally different fields? What we've seen about capt's marrying people have been purely kitchy and ceremonial. Unless said Captain was independently granted the privilege to marry by the state, it's just for fun.
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Re: Is this common knowledge?

Post by LousyFisherman »

FL_CH wrote:Only while in flight.

I guess that's there to give the PIC authority to keep the unruly pax at bay.
Regulation says "pilot in command' so it must be broader than just in flight, taxiing for example.
When does PIC authority start? entering the airport, or entering the aircraft, or starting the engine, or ...?

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Re: Is this common knowledge?

Post by The Mole »

A peace officer doesn't have to witness a crime to act. A citizen does. Cops don't have as much power as people think. It only takes 3 months to become a cop. And these days they will hire just about anyone who can point a taser...
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Re: Is this common knowledge?

Post by flying4dollars »

The Mole wrote:A peace officer doesn't have to witness a crime to act. A citizen does. Cops don't have as much power as people think. It only takes 3 months to become a cop. And these days they will hire just about anyone who can point a taser...
3 months? I think minimum is 6-8 no?
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Re: Is this common knowledge?

Post by floatplanepilot »

LousyFisherman wrote:When does PIC authority start? entering the airport, or entering the aircraft, or starting the engine, or ...?
I believe somewhere in the code it says when the doors are closed
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Re: Is this common knowledge?

Post by FL_CH »

The Criminal Code specifies "while the aircraft is in flight".
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Re: Is this common knowledge?

Post by DanJ »

flying4dollars wrote:
The Mole wrote:A peace officer doesn't have to witness a crime to act. A citizen does. Cops don't have as much power as people think. It only takes 3 months to become a cop. And these days they will hire just about anyone who can point a taser...
3 months? I think minimum is 6-8 no?
My neighbour finished his 12 weeks at the Ontario Police College around the beginning of August, did some on the job training, and is out on his own now.
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Re: Is this common knowledge?

Post by Snagmaster E »

floatplanepilot wrote:
LousyFisherman wrote:When does PIC authority start? entering the airport, or entering the aircraft, or starting the engine, or ...?
I believe somewhere in the code it says when the doors are closed

From the point where the door closes until it opens, Captains have "The power". It's in my companies online training.
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Re: Is this common knowledge?

Post by niss »

Just saw this now. Any further information on this?

http://laws-lois.justice.gc.ca/eng/regu ... age-8.html

^in this link it shows who may carry a fire arm and under what conditions. Could a case be made that the PIC is a peace officer and may carry a firearm as such?


<edit>
Interestingly enough under the Canadian Aviation Security Regulation PIC does not fall under the defenition of a peace officer.

http://laws-lois.justice.gc.ca/eng/regu ... lText.html
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Re: Is this common knowledge?

Post by flyinggreasemonkey »

A Justice of the Peace can marry people...not a Peace Officer
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Re: Is this common knowledge?

Post by 1000 HP »

I had an very beligerant unruly passenger in Fort Mac once. I was taxiing out in an amphib Caravan and he started cussing me about something. He had been painful for some time already but now he was really hollering. He was verging on violent and I feared for the safety of the aircraft and passengers. I stopped and turned around, told him to shut the heck up (he was a band counselor) and if he didn't calm down I would have him arrested. It seemed to work.

I continued with the flight after he subsided. When we landed I told him that he was not allowed to fly on "my" airplane anymore and would have to find alternate means to get home. All the elders were very unhappy with the counselor of course.

Shortly after I recieved a letter from the band apologizing for the man's foolish behaviour (obviously the elders had backed me up). They requested that we continued to fly the man who had promised to behave better henceforth. And he did. (It was a long walk home) :rolleyes:
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Re: Is this common knowledge?

Post by 126.7_STFU »

Can I arrest a TC inspector / detain them with force if they begin harassing me?
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Re: Is this common knowledge?

Post by Shiny Side Up »

flyinggreasemonkey wrote:A Justice of the Peace can marry people...not a Peace Officer
Unless you declare martian law aboard your vessel, then in which case anything goes.

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Re: Is this common knowledge?

Post by Meatservo »

I think the myth about a ship's captain being able to officiate over marriages came about in the days of sail in the Royal Navy, where the captains of these ships were indeed allowed to marry people, because they were often the only representative of the government some people would ever see in far-flung corners of the Empire.

I was corrected on this score by someone on AvCanada recently: the captains of vessels at sea are apparently not "peace officers", surprisingly, even though captains of aircraft are.

Don't let it go to your head. It might come in handy someday if you have to justify some action on your part in court, if you somehow have to use force or restrain someone during an unruly passenger incident; It doesn't justify telling your passengers "I am the law" when they complain about the snacks or throw garbage on the floor!
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Re: Is this common knowledge?

Post by westcoastwonder »

"peace officer" includes

(a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer and justice of the peace,

(b) a member of the Correctional Service of Canada who is designated as a peace officer pursuant to Part I of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the Corrections and Conditional Release Act,

(c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,

(d) an officer within the meaning of the Customs Act, the Excise Act or the Excise Act, 2001, or a person having the powers of such an officer, when performing any duty in the administration of any of those Acts,

(d.1) an officer authorized under subsection 138(1) of the Immigration and Refugee Protection Act,

(e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,

(f) the pilot in command of an aircraft

(i) registered in Canada under regulations made under the Aeronautics Act, or

(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations,

while the aircraft is in flight, and


(g) officers and non-commissioned members of the Canadian Forces who are

(i) appointed for the purposes of section 156 of the National Defence Act, or

(ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;
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Re: Is this common knowledge?

Post by Meatservo »

They've amended that since I was in school. With respect to members of the Canadian Forces, it used to simply say: "An officer or non-commissioned member of the Canadian Forces who is actively engaged in their duties as a member of the Armed Forces" or something like that.
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Re: Is this common knowledge?

Post by swordfish »

In answer to your question, light chop: no it's not common knowledge. But it gives you the power to arrest somebody on board, and that introduces a number of subsequent responsibilities. It would be wise for anyone exercising this power to attend a short course on this aspect of enforcement before you blindly arrest someone for creating a disturbance, or interfering with the security of an aircraft or crew.

However it DOES empower you to physically restrain a suspect/subject (if that should be necessary), to prevent a repeat offence, continuation of an offence, or prevention of the commission of an offence, which you have reasonable & probable grounds to believe and do believe, would occur. As I have suggested...read up on all this or attend a course before you exercise the privileges....every single action you take, every word you say, every omission you make - has to be defensible in a court of law. The ramifications of making an arrest are far-reaching.

And remember, you only have this power on a Canadian-registered aircraft, and you can probably only prosecute (under Canadian law) in Canada. I don't know how this works if the plane is on an International flight.

Also, there may be a police officer or peace officer already on board your plane as a passenger who can do this for you.
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