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ARTICLE · 18 DECEMBER 2017

Case Summary: R v Shah

Field Law
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On the evening of January 17, 2016, Shah was flying a drone recreationally in a park in Northeast Calgary, south of a Calgary International Airport runway.

CanadaTransport
Erika Carrasco
Erika Carrasco
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III. EMERGING TECHNOLOGY ISSUES

A.  After the first reported decision on drones in Canada, the drone operator was found guilty of flying his drone "in a manner hazardous or likely hazardous to aviation safety" under section 602.45 of the Canadian Aviation Regulations as it then was for flying his drone south of an airport runway.

R v Shah, 2017 ABQB 144, per Antonio, J. and R v Shah, 2017 ABPC 259, per Hawkes, P.C.J. [4256]

I. FACTS AND ISSUES

On the evening of January 17, 2016, Shah was flying a drone recreationally in a park in Northeast Calgary, south of a Calgary International Airport runway.  A  Calgary Police Officer on patrol as a passenger in a police vehicle, noticed lights in the sky that he estimated to be at a height at or above the trees in the area. He gave differing evidence of that height between the time of the first trial and second trial, eventually stating that the lights were seen at about

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