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RAC

0000-00-00

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