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21 Air & Space Law. 1 (2006-2008)

handle is hein.journals/airspaclaw21 and id is 1 raw text is: THE SPACE L A AMERICAN BAR ASSOCIATION Government secrecy policy threatens 9/11 litigation By Marc S. Moller B R VOLUME 21, NUMBER 1, 2006 t has been a remarkably illuminat- ing experience over the past five years to see up close and personal the devastation wrought by the Sept. 11, 2001 terror attacks. The heavy toll the loss of life has had on families, the awareness of our national and person- al vulnerability, the financial losses resulting from the personal and prop- erty damage sustained is staggering. Even as the events of that infamous day slowly recede into the realm of history, America remains under threat, from without and from within. One threat comes from the fact that our government can use its obligation to protect its citizens to justify actions and adopt policies that erode established civil liberties, impair the judicial process and expand government secrecy. We rely on our government to protect us, but at what price and by what methods? When the issue is framed as an either/or - either civil liberties or national security - the choices seem difficult, especially because we know the decisions we make will shape the character of the nation well into the future. But the issue is not either/or; it is a balance. The job of lawyers is to help our courts find the right balance and then maintain it. This article is intended to shed some light on the conflict and ten- sion between national security con- continued on page 20 Canada and airline insolvenc31: Who bears the loss? I By Richard Desgagn6s Those involved in international airline operations and their financing should be aware of the decision rendered by Canada's highest court in Canada 3000 Inc., Re; Inter- Canadian (1991) Inc. (Trustee ofp, 2006 SCC 24. This case finally sets out the nature and extent of the right, in Canada, of airports and NAV Canada to seize aircraft for outstanding charges. On June 9, 2006, the Supreme Court of Canada ruled that major Canadian airport authorities as well as NAV Canada were entitled to seize aircraft operated (but not owned) by airlines that had incurred airport and air navigation charges. These authori- ties were further permitted to detain the aircraft until they were paid or suitable security was posted, not withstanding the identity of the legal owner of the aircraft. This unanimous decision reversed parallel judgments rendered by the Ontario Court of Appeal and the Quebec Court of Appeal in the wake of the bankruptcies of Canada 3000 air- line, a Canadian charter company and Inter-Canadian, a regional operator. In both the Quebec and Ontario cases, airport authorities and NAV continued on page 24 Forum on Air and Space Law & I kiR

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