The appellant airlines challenged the legality of fees exacted by the federal Minister of Transport for telecommunication and en route navigation services provided by facilities within Canada for flights over the polar and North Atlantic routes.
The flights did not land in Canada.
The appellants argued that the fees violated the Chicago Convention and that the Aeronautics Act did not authorize the collection of fees for flights outside Canada.
The Supreme Court of Canada dismissed the appeals, holding that the Chicago Convention did not apply to invalidate the fees and that section 5 of the Aeronautics Act authorized the prescription and collection of charges for services provided in respect of any aircraft, regardless of whether the flight was within Canada.
