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As this story was on the news a lot, I ended up on this site via Google. Usually hang around AvCanada (yeap fixed wing guy), but this site is also quite interesting! However, the legal question (as a former cop) is always of interest to me. Perhaps I might voice a new perspective which might be of interest to this group.

 

First off I’m familiar with Little Grand Rapids and have been in and out of the airport on several occasions. Listening to all the parties, it is also evident we have “agendas” galore with regards to the questions of helicopters landing on the village side of Little Grand Rapids. At the end of the day, however, I would suspect one has to stop and look at what the regs say, and ultimately what the jurisprudence on that very topic subscribes to.

 

Several of the comments made so far shows that most folks understand the rules as it applies in Cars 602.12 and the exemption in 602.13. The fun starts with the “build-up” area definition.

 

Ryan did have a good start; however the build-up area involves more than just the one building.

 

I was able to access some tribunal decisions involving build-up and would like share the following for your info:

 

In the Civil Aviation Tribunal decision Minister of Transport v. Jeffrey Schroeder the hearing officer referred to R v Stoesz (1983), Man. Prov. Ct. S.534(2)(a) where it was said that built up suggests to me structures that are, especially those that are not abandoned, erected or built by man and includes such structures as private dwelling residences, schools, elevators, service stations and so forth

 

This is further supported by another decision Minister of Transport v. William Henry Whelan when the hearing officer commented:

 

In passing, this Tribunal member feels that any school property, during a day when school is in session, should be considered unsafe. Had a few hundred children been allowed out of school for recess or lunch, at the precise moment of landing, I can see a very real possibility for serious problems.

 

From what I remember of LGRapids, the nurse station and the adjacent school would fall under the definition of a build-up area. It is also correct when several comments are made that this has gone on for years in LGRapids and other isolated village of Northern Manitoba. That is, in fact, the “way of the North” at spring and fall time. What’s going to happen now is certainly going to be an interesting question.

 

Lastly while the RCMP does commendable work in these locations, unfortunately most have little to no exposure to matters of aeronautics. What is reported as the RCMP being there and not seeing any problems, I would suggest, should be seen for what it really is, in the context of their limited knowledge of the topic. We’ll have to see what the regulator comes up with at the end of the day!

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