Decisions

CAT File No. C-1871-52
MoT File No. SB4200-C146-CAWSON

CIVIL AVIATION TRIBUNAL

BETWEEN:

Minister of Transport, Applicant

- and -

Douglas George Cawson, Respondent

LEGISLATION:
Aerodrome Security Regulations, SOR/87-452, s. 20(3)
Aeronautics Act, R.S.C. 1985, c. A-2, s. 7.7

Security pass, Restricted area, Display


Review Determination
James C. Campbell


Decision: March 2, 2000

Given the evidence, I confirm the Minister's decision to assess a monetary penalty of $75 to Douglas George Cawson. That amount is payable to the Receiver General for Canada and must be received by the Civil Aviation Tribunal within 15 days of service of this determination.

A Review Hearing on the above matter was held Friday, December 10, 1999, at 10:00 hours at the Federal Court of Canada, in Winnipeg, Manitoba.

BACKGROUND

Pursuant to section 7.7 of the Aeronautics Act, the Minister of Transport has decided to assess a monetary penalty on the grounds that you have contravened the following provision(s):

On or about the 18th day of June, AD, 1999, at approximately 10:05 hours, at the Winnipeg International Airport, in the City of Winnipeg, in the Province of Manitoba, Douglas George CAWSON, the holder of a restricted area pass designed to be worn on the outer clothing, did enter and remain in a restricted area, to wit: the south end of Apron 1 of the Winnipeg International Airport, without visibly displaying his restricted area pass on his outer clothing, thereby contravening subsection 20(3) of the Aerodrome Security Regulations.

The total assessed penalty being $75.

Subsection 20(3) of the Aerodrome Security Regulations states clearly:

Where a restricted area pass has been designed to be worn on outer clothing, no person shall enter or remain in a restricted area unless the pass is visibly displayed on the person's clothing in a place where the pass is designed to be worn.

Mr. C. Tweedy, Security Inspector, Security Enforcement Group, Transport Canada testified that on June 18, 1999 he observed Mr. Douglas George Cawson on Apron 1, at the southwest corner of the Air Terminal Building at the Winnipeg International Airport in a restricted area without visibly displaying his restricted area pass.

Evidence given indicates an exchange between Mr. Tweedy and Mr. Cawson became confrontational resulting in Mr. Cawson being charged with an offence.

Mr. Tweedy claimed Mr. Cawson removed his pass from his breast pocket and clipped it on the outside of his clothing when questioned about who he was. Mr. Tweedy maintained that Mr. Cawson was agitated and clearly confrontational. I must agree with that statement as Mr. Cawson arrived at the hearing displaying the same attitude.

Mr. Tweedy explained he and Inspector Martti Raito were on a follow up security inspection of the Winnipeg International Airport prior to the Pan-Am Games where airport security could be an issue.

Mr. Cawson argued that it was he who confronted Mr. Tweedy upon seeing Mr. Tweedy on the ramp without steel-toed boots. Mr. Cawson claimed his union would be contacting Mr. Tweedy.

Who pounced on whom first was never really clear and I think not particularly germane to the issue.

Mr. Cawson gave a general argument as to why he should not display his pass and the hazards of the pass as it is designed. Mr. Cawson did admit in the hearing he had his pass inside his pocket and not visibly displayed according to the regulations.

Upon cross-examination of Mr. Tweedy, Mr. Cawson stated Mr. Tweedy was harassing him as he let two other pass holders go that did not display their passes.

Mr. Tweedy explained he felt Mr. Cawson was not willing to comply voluntarily and "gave him a wake-up call". Evidence leads me to conclude Mr. Cawson's unwillingness to comply left Transport Canada no option but to take disciplinary action.

CONCLUSION

Considering the arguments from both parties and the crucial seriousness of airport security as it relates to airport and airline safety, I must, in this instance uphold the decision of the Minister to assess a monetary penalty of $75.

James C. Campbell
Member
Civil Aviation Tribunal


Appeal decision
Faye H. Smith, William G. McDonald, William Thornton Tweed


Decision: July 19, 2000

Our consideration of this review decision discloses no reviewable error and we therefore dismiss the appeal and confirm the Minister's decision to assess a monetary penalty of $75. This amount is to be made payable to the Receiver General for Canada and must be received by the Civil Aviation Tribunal within fifteen days of service of this determination.

An Appeal Hearing in the above matter was held on June 23, 2000 at the Federal Court of Canada at 363 Broadway, Winnipeg, Manitoba.

BACKGROUND

The Minister of Transport issued a Notice of Assessment of Monetary Penalty in the amount of $75.00 to Mr. Douglas George Cawson for an alleged contravention of subsection 20(3) of the Aerodrome Security Regulations.

Subsection 20(3) of the Aerodrome Security Regulations provides that:

Where a restricted area pass has been designed to be worn on outer clothing, no person shall enter or remain in a restricted area unless the pass is visibly displayed on the person's clothing in a place where the pass is designed to be worn.

The Minister states that Mr. Cawson was observed on Apron 1 at the southwest corner of the Air Terminal Building at the Winnipeg International Airport in a restricted area without visibly displaying his restricted pass.

Following the Review Hearing of December 10, 1999, the Tribunal Member confirmed Mr. Cawson's admission that the pass was inside his pocket and was not visibly displayed according to the regulations and accordingly confirmed the Minister's assessment of a monetary penalty in the amount of $75.

GROUNDS OF APPEAL

Mr. Cawson appealed the Tribunal Member's decision on grounds that may be summarized as follows:

I did not become confrontational with Mr. Tweedy until I knew I was definitely getting a ticket. I started disputing the ticket as he was writing it up with my security pass in his hand.

SUBMISSIONS OF THE PARTIES

The appellant reiterated his displeasure with the determination of the Tribunal Member at review. He queried the authority of an inspector wearing an Edmonton airport pass to get through the security gates. And while the appellant does admit that he was not visibly displaying his restricted pass, he urges that his attitude started when the inspector wrote the ticket.

The Minister's representative urges this panel to uphold the findings of fact made by the Tribunal Member at review citing authority for the well known proposition that such findings of fact should not be disturbed on appeal unless they are unreasonable.

CONCLUSION

It is regrettable that communication and acceptance of the requirement for wearing the restricted area pass on one's outer clothing could not have been carried out without recourse to two levels of hearings before this Tribunal.

That being so, the following facts of this case are not disputed: that there is a requirement to exhibit the pass pursuant to subsection 20(3) of the Aerodrome Security Regulations; that on June 18, 1999 Mr. Cawson was not in compliance with this regulation; that he did comply when requested by the Security Inspector to do so; that an exchange of words ensued; that an assessment of monetary penalty in the amount of $75.00 was subsequently issued to Mr. Cawson by the Minister of Transport.

When issues that come before the Civil Aviation Tribunal are not directly relevant to the alleged infraction, the Tribunal has no jurisdiction or power to grant relief on these matters since they may be interesting but do not affect the respective obligations of the parties. A number of periphery issues were raised by Mr. Cawson, while, although not relevant to our decision as to the basic issue before us, will be briefly addressed for Mr. Cawson's benefit.

I did not become confrontational with Mr. Tweedy until I knew I was definitely getting a ticket. I started disputing the ticket as he was writing it up with my security pass in his hand.

DETERMINATION

Our consideration of this review decision discloses no reviewable error and we therefore dismiss the appeal and confirm the Minister's decision to assess a monetary penalty of $75.

Reasons for Appeal Determination:

Faye Smith, Chairperson

Concurred:

William T. Tweed, Member
William G. McDonald, Member