R. v. Laserich and Altair Leasing Ltd., (1977) 4 A.R. 148 (NWTCA)

• Judge: McDermid, Prowse and Moir, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: May 24, 1977
• Jurisdiction: Northwest Territories
• Citations: (1977), 4 A.R. 148 (NWTCA)

R. v. Laserich (1977), 4 A.R. 148 (NWTCA)

MLB headnote and full text

R. v. Laserich and Altair Leasing Ltd.

Indexed As: R. v. Laserich and Altair Leasing Ltd.

Northwest Territories Court of Appeal

McDermid, Prowse and Moir, JJ.A.

May 24, 1977.

Summary:

This case arose out of a charge against the accused of operating a commercial air service without a licence, contrary to s. 17(1) of the Aeronautics Act, R.S.C. 1970, c. A-3. The accused contracted to supply heating oil to a customer in a remote northern community. The accused purchased the oil in another community and used its own aircraft to transport the oil to its customer. The accused was charged with operating a commercial air service without a licence. The accused was acquitted and the Crown's appeal by way of trial de novo was dismissed. The Crown appealed.

The Northwest Territories Court of Appeal, Moir, J.A., dissenting, allowed the appeal and convicted the accused. The Court of Appeal held that the accused was operating a commercial air service in transporting its own goods in its own aircraft - see paragraphs 1 to 32.

Carriers - Topic 1684

Licensing - Offences - Punishments - The accused used its aircraft to deliver heating oil which it purchased for delivery to a customer under a heating oil supply contract - The accused was convicted on appeal of operating a commercial air service without a licence contrary to the Aeronautics Act, R.S.C. 1970, c. A-3, s. 17(1) - The point was a novel one and the Northwest Territories Court of Appeal fined the accused a nominal $100.00 because the interpretation of the Aeronautics Act was the significant aspect of the case, not the activities of the accused - See paragraphs 34 to 35.

Carriers - Topic 1786

Licensing - Air carriers - What constitutes a commercial air service within the meaning of ss. 9(1) and 17(1) of the Aeronautics Act, R.S.C. 1970, c. A-3 - The accused contracted to supply heating oil to a customer in a remote northern community - The accused purchased the oil in another community and used its own aircraft to transport the oil to its customer - The accused was charged with operating a commercial air service without a licence contrary to s. 17(1) of the Aeronautics Act - The Northwest Territories Court of Appeal held that the accused was operating a commercial air service in transporting its own goods in its own aircraft and convicted the accused - See paragraphs 1 to 32.

Statutes - Topic 501

Interpretation - General principles - Purpose of legislation - Duty to promote object of statute - The Northwest Territories Court of Appeal examined the object of the Aeronautics Act, R.S.C. 1970, c. A-3, and also the object of the National Transportation Act, R.S.C. 1970, c. N-17, a related statute, in construing the Aeronautics Act - See paragraphs 13 to 18.

Statutes - Topic 1623

Interpretation - Extrinsic aids - Other statutes - Related statutes - The Northwest Territories Court of Appeal in construing the Aeronautics Act, R.S.C. 1970, c. A-3, examined the object of the National Transportation Act, R.S.C. 1970, c. N-17, a related statute - See paragraphs 13 to 18.

Words and Phrases

Benefit - The Northwest Territories Court of Appeal discussed the meaning of the word "benefit" in s. 9(1) of the Aeronautics Act, R.S.C. 1970, c. A-3 - See paragraphs 25 to 28.

Words and Phrases

Directly or indirectly - The Northwest Territories Court of Appeal discussed the meaning of the words "directly or indirectly" in 9(1) of the Aeronautics Act, R.S.C. 1970, c. A-3 - See paragraphs 29 to 32.

Words and Phrases

Hire or reward - The Northwest Territories Court of Appeal discussed the meaning of the words "hire or reward" in 9(1) of the Aeronautics Act, R.S.C. 1970, c. A-3 - See paragraphs 7 and 25 to 32.

Cases Noticed:

R. v. Uscan Engineering Corporation Limited (1949), 7 C.R. 417, refd to. [para. 44].

R. v. Race & Race (1973), 14 C.C.C.(2d) 165, refd to. [para. 46].

R. v. Mel Air Ltd. (1973), 14 C.C.C.(2d) 170, refd to. [para. 48].

R. v. Gayle Air Ltd. and Belluz (1974), 28 C.R.N.S. 114, [para. 49].

Tadhunter v. Buckley, [1862] L.T.(N.S.) 273, refd to. [para. 50].

Showell v. Skittrell (1889-90), VI Ann. Digest of T.L.R. 120, refd to. [para. 51].

City of Sioux Falls v. Collins (1920), 178 Northwestern R. 950, refd to. [para. 52].

People v. Montgomery (1933), 19 P.(2d) 205 (S.C. of Colo.), refd to. [para. 53].

Weller v. Kolb's Bakery and Dairy, Inc. et al. (1939), 4 A.(2d) 130 (Md. C.A.), refd to. [para. 53].

Greater Baton Rouge Port Commission v. Cargill, Inc. (1967), 205 So. (2d) 151 (Louisiana C.A.), refd to. [para. 53].

Statutes Noticed:

Aeronautics Act, R.S.C. 1970, c. A-3, sect. 9(1) [para. 7]; sect. 14 [para. 21]; sect. 16 [paras. 2, 22, 23]; sect. 17(1) [para. 5]; sect. 17(2), sect. 17(3) [para. 33].

Interpretation Act, R.S.C. 1970, c. I-23, sect. 11 [para. 25].

National Transportation Act, R.S.C. 1970, c. N-17 [para. 14]; sect. 3 [para. 17]; sect. 4 [para. 15]; sect. 93 [para. 16].

Authors and Works Noticed:

Shorter Oxford English Dictionary [para. 28].

Counsel:

E.J. Brogden, for the appellant;

V. Schwab, for the respondent.

This case was heard before McDERMID, PROWSE and MOIR, JJ.A., of the Northwest Territories Court of Appeal.

On May 24, 1977, the judgment of the Northwest Territories Court of Appeal was delivered and the following judgments were filed:

McDERMID, J.A. - See paragraphs 1 to 3

PROWSE, J.A. - See paragraphs 4 to 35

MOIR, J.A., dissenting - See paragraphs 36 to 60.