AIR LAW |
Boyd v. Canada (Minister of Transport)
A-178-04
2004 FCA 422, Linden J.A.
8/12/04
4 pp.
Appeal from Federal Court decision ((2004), 248 F.T.R. 201) allowing application for judicial review as to whether respondent charged under applicable provisions of Canadian Aviation Regulations, punished correctly--Respondent charged with negligence, endangering life, property contrary to Regulations, s. 602.01--Civil Aviation Tribunal finding respondent's conduct fell below that expected of reasonably prudent pilot in failing to exercise degree of skill, care required of him--Federal Court Judge erring in invoking doctrine of double jeopardy--Prohibition against double jeopardy applicable only to criminal proceedings, other proceedings with truly penal consequences--Trial Judge also wrong in deciding natural justice violated as respondent had insufficient notice of basis of violation with which charged-- Specific violations of particular provision of Regulations may be evidence of negligence, but not necessary to charge, prove violations of specific sections in order to prove endangerment --S. 602.01 general provision, not specific one --Respondent receiving notice of all factual allegations being made against him, of acts being challenged--Having sufficient notice so as to preclude holding of lack of natural justice--Appeal allowed--Canadian Aviation Regulations, SOR/96-433, s. 602.01.