Labbé c. Canada (Ministre Des Transports)
The appeal is dismissed because s.20(1) mandates a valid pass to enter or remain in a restricted area, the appellant's pass had been declared expired and invalid on the record, and the claimed error of fact was not reasonable given four formal notices and numerous telephone calls informing him the pass was invalid.
Source-derived case information.
- Citation
- 2001 FCA 179
- Parties
- Appellant: Aurèle Labbé; Respondent: Minister of Transport
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 1 June 2001
- Procedural Posture
- Appeal / Decision on Appeal
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Aerodrome Security Regulations, Pass Validity, Error of Fact, Restricted Area Access
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aurèle Labbé
Appellant
Minister of Transport
Respondent
Procedural Posture
Appeal / Decision on Appeal
Legal Issues
- 1 Whether s.20(1) of the Aerodrome Security Regulations requires the pass to be valid to enter or remain in a restricted area
- 2 Whether the appellant's pass remained valid until March 1998
- 3 Whether the appellant's claimed error of fact (belief that pass was valid) was reasonable in the circumstances
Ratio Decidendi
The appeal is dismissed because s.20(1) mandates a valid pass to enter or remain in a restricted area, the appellant's pass had been declared expired and invalid on the record, and the claimed error of fact was not reasonable given four formal notices and numerous telephone calls informing him the pass was invalid.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Labbé c. Canada (Ministre Des Transports) Court (s) Database Federal Court of Appeal Decisions Date 2001-06-01 Neutral citation 2001 FCA 179 File numbers A-42-00 Decision Content Date: 20010601 Docket: A-42-00 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL 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 REASONS FOR JUDGMENT (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