AERONAUTICS AND THE CONSTITUTION

Abstract

Aeronautics, naturally, was not contemplated by the framers of the British North America Act in 1867. How, then, did it happen to fall under the federal head of power? The author traces the history behind the “aeronautics power” under section 91 of the constitution, and considers how intraprovincial air transport, airport ground transportation, and airport location and zoning fit within the division of powers, and whether their jurisdictional placement accords with the principles of federalism.