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Legal ins and outs of the mile-high club

Airlines could have rules regarding what passengers can or can't do

It's a highly coveted club. The entry, a mid-air sexcapade.

This week, Mounties in Halifax received a call about two passengers, allegedly involved in a sexual act aboard an Air Canada flight from Toronto.

Police say when they approached the pair, the woman became agitated and was arrested for causing a disturbance.

She's been charged with assaulting a police officer, causing a disturbance and mischief and more charges are expected.

But what does skylaw say about the mile-high club?

According to Newstalk 1010's legal expert Edward Prutschi, if you do decide to get frisky aboard a plane, you might be able to get away with it, if you're discreet.

"If you're able to accomplish whatever it is you're hoping to accomplish in private, so that it doesn't disturb other passengers or staff along the plane, I don't think it's ever going to become a legal issue."

Sexual encounters in public are subject to an indecent act criminal charge, but he says it has to be in public setting and airplane bathrooms are private. 

But before you cram into that tiny bathroom, Prutschi notes that airlines could have rules surrounding what you can or can't do aboard one of their aircrafts.

Breaking those rules could keep you could keep you from boarding with them in the future or could get you kicked off a flight.

If you're caught doing something you shouldn't be, Prutschi says the best thing to do is listen to plane staff because they've got a lot of discretion.

"If you don't comply, almost immediately they'll start alleging that you're causing a disturbance and it's a danger to the aircraft," he says. "And whether that tends to be true or not, things only escalate from there."

(With files from the Canadian Press)

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