R. v. D.C.

(Calgary, P.C. - Aeronautics Act/Causing a Disturbance). DC was charged with Aeronautics Act offences alleging a failure to follow instructions from flight staff, as well as causing a disturbance. DC's case is one of many of these COVID/post-COVID related prosecutions where airlines customers have faced charges in questionable circumstances. This Calgary based criminal defence lawyer has read disclosure of several files where the evidence in support of the allegation appears to arise more from an overly sensitive flight crew rather than real resistance or problems created by the passenger. 

In this case, the Prosecutor reviewed the case and agreed to withdraw the criminal charge on condition that DC complete Alternative Measures. This was an appropriate outcome because notwithstanding DC's credible defences, it was clear that DC also bore some responsibility for the manner of engagement with flight staff. 

David Chow has successfully defended dozens of Aeronautics Act based charges. It is not unusual for Aeronautics offences be combined with causing a disturbance under the Criminal Code of Canada. Though there are many ways to defend these types of charges, these types of cases are sometimes not so much offences or regulatory breaches but are more closely related to law enforcement involvement in personal disputes where one party is, charitably speaking, offended. The lesson for all passengers is that when flying, it is important to be polite, composed and respectful; for the danger is, if flight staff are engaged, law enforcement might follow.