Date: 20010601
Docket: A-42-00
CORAM: DESJARDINS J.A.
BETWEEN:
AURÈLE LABBÉ
Appellant
- AND -
MINISTER OF TRANSPORT
Respondent
Hearing held at Québec, Quebec on Friday, June 1, 2001.
Judgment from the bench at Québec, Quebec on Friday, June 1, 2001.
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
Date: 20010601
Docket: A-42-00
Neutral reference: 2001 FCA 179
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
AURÈLE LABBÉ
Appellant
- AND -
MINISTER OF TRANSPORT
Respondent
(Delivered from the bench at Québec, Quebec
on Friday, June 1, 2001)
LÉTOURNEAU J.A.
[1] We consider this appeal should be dismissed with costs for the following reasons.
[2] First, we agree with the motions judge that s. 20(1) of the Aerodrome Security Regulations, SOR/87-452, requires that the pass issued be valid in order to enter or remain in a restricted area. That disposes of the first argument made by the appellant.
[3] Secondly, there is no merit in the appellant's argument that his pass was valid until March 1998. There is abundant evidence in the record that his pass was declared expired and invalid.
[4] Finally, as regards the defence of error of fact made by the appellant, namely that he believed his pass was still valid, such an error is not reasonable in the circumstances in view of the four formal notices sent to him and the many telephone calls made to tell him that it was not valid.
[5] The appeal will be dismissed with costs.
|
Gilles Létourneau J.A. |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF APPEAL
Date: 20010601
Docket: A-42-00
Between:
AURÈLE LABBÉ
Appellant
- AND -
MINISTER OF TRANSPORT
Respondent
REASONS FOR JUDGMENT
FEDERAL COURT APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No.: A-42-00
STYLE OF CAUSE: AURÈLE LABBÉ
Appellant
- AND -
MINISTER OF TRANSPORT
Respondent
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: June 1, 2001
REASONS FOR JUDGMENT
OF THE COURT BY: Létourneau J.A.
DATED: June 1, 2001
APPEARANCES:
Richard Thivierge for the appellant
Patrick Vézina for the respondent
SOLICITORS OF RECORD:
THIVIERGE, BRADLEY for the appellant
Québec, Quebec
Morris Rosenberg for the respondent
Deputy Attorney
General of Canada