Despite the new Part IX of the Canadian Aviation Regulations and drone safety campaigns by Transport Canada, unauthorized flights over crowds and interference with manned aircraft operations by rogue drone operators persist in Canada. According to Transport Canada, the number of reported incidents in Canada more than tripled from 2014 to 2017. There have been at least two incidents where it is believed that a drone struck an aircraft and the number of reported drone incidents has risen since January 1, 2019. This problem is not uniquely Canadian – enforcing regulations continues to be a challenge for transportation departments and law enforcement around the world (for more information on reported incidents worldwide, click here).
Few judicial decisions exist in Canada relating to the operation of drones or remotely piloted aircraft systems (RPAS). In R v. Shah, the Provincial Court of Alberta released its decision on the first reported case on drones in Canada. Although the key charging section in this case has since been revised, and this case was decided before the most current regulations came into force, the decision in Shah offers valuable insight into the unique risk factors associated with drone operations. The discussion in Shah has significant implications relating to airspace safety as drones continue to integrate into Canada’s airspace.
To see our full case comment, click here.