R. v. T.T.T.T.

(Court of Justice, Calgary - Aeronautics Act, Causing a Disturbance). The Covid 19 response by airline staff with respect to alleged contraventions under the Aeronautics Act has, in many cases, been very questionable. TT was charged with Aeronautics Act offences for allegedly failing to abide by a flight attendants instructions on a flight from Calgary, Alberta to Abbotsford, British Columbia. The allegations involved a claim that TT failed to put on a seatbelt and was recording a video on a cellphone. There was not complaint by the person who TT was recording. Flight attendants ordered TT to delete videos, which TT took issue with. The allegations of "causing a disturbance" arose when TT objected to the treatment by airline staff and allegedly used some foul language. As a result, TT was removed from the airplane and charged. 

In short, this absurd.  While airline staff certainly had a duty to have TT Stowe the cellphone away at the appropriate time (even in a pant or seat pocket), they had no authority to order TT to delete photos of acquaintances who did not object on the flight.  

Notwithstanding that TT had a good defence, the accused also definitely had some exposure in the case. Fortunately for TT the Prosecutor and Defence were able to have a straightforward discussion and the Crown agreed to resolve the case by way of diversion through Alternative Measures (AMP). AMP was a proper solution; for TT was able to "take responsibility" for actions without admitting guilt to any offence. Of course, TT also suffered privately imposed consequences from the airline who made the accusations. Post Covid, this Calgary criminal lawyer has witnessed an increase in Aeronautics charges -- some of which are triggered (in this lawyer's opinion) by oversensitive airline staff. 

Alternative measures saved TT the added financial costs of trial while at the same time saving TT the risk of conviction for the offences alleged. 

It is the opinion of at least some Calgary criminal lawyers that Canada's criminal justice system is often triggered in circumstances where other measures are more appropriate. It is important to keep in mind that removal from an aircraft is a significant consequence on its own. Airlines can also take private action prohibiting certain travellers from using their airline.  If you have been charged with Aeronautics related offences, it would be wise to contact a qualified criminal defence lawyer in your jurisdiction.