Winnipeg Radio Amateur prevails over City

On 23 January 2008, Gilbert Restiaux, VE4GIL learned that the City of Winnipeg had dropped their objections to his tower.

In 2002, Gil moved to a new neighbourhood. After checking with planning authorities in the city, he received their verbal agreement to erect a 48-foot tower and HF yagi in his back yard.

Five years later, one of Gil's neighbours complained to municipal authorities because he "did not like" the appearance of Gil's tower. The neighbour lodged complaints by telephone twice a day every day for several months. The City of Winnipeg eventually laid two charges against Gil of violating Winnipeg's zoning by-law.

Gil hired a lawyer, did a great deal of research, and enlisted the help of Tim Ellam, VE6SH of RAC's Antenna Structures Committee. Tim provided Gil and his lawyer with documentary references that were of assistance to Gil's lawyer in arguing that the city's attempts to regulate Gil's Amateur Radio antennas were beyond municipal jurisdiction.

On 23 January, the day before Gil was scheduled to attend court on the matter of his tower, Kerri Tymchuk, a solicitor for the City of Winnipeg wrote to Gil's lawyer informing him that the city "will not be pursuing this prosecution."

Although not clearly stated in Tymchuk's letter, Gil's lawyer suggested that the City of Winnipeg understands it does not have jurisdiction over Amateur Radio antennas.

Prepared by
Dave Goodwin VO1AU/VE3AAQ
President, RAC

Source: Radio Amateurs of Canada