Why are Canadian Airlines Fighting to Keep Passenger Complaint Rulings Secret?

Major Canadian air carriers are actively opposing a court challenge. This challenge seeks to make passenger complaint outcomes public. Air Canada, WestJet, Air Transat, and Jazz Aviation filed a request this week. They wish to intervene in a case concerning the transparency of rulings. The case is before the Ontario Superior Court of Justice.

Since 2023, a complaint resolution process has been in place. This process bars both passengers and airlines from publicly sharing results. This rule covers disputes from accessible travel to flight cancellation compensation. Disclosure is only allowed if both parties agree to waive confidentiality. This legal fight centers on the balance between transparency and business interests.

The Legal Intervention

The airlines and their industry group seek to protect airline commercial interests. They argue that complaint cases contain sensitive information. This data could potentially undermine their business operations. Furthermore, they claim public disclosure creates privacy risks. These risks apply to both passengers and employees.

Carriers also argue that aviation safety reporting could be compromised. Employees might hesitate to report internal problems. This hesitation could occur if reports led to public disclosure and passenger payouts. A court filing stated this could cause a "chilling effect."

"If internal safety communications or operational assessments are made public," the filing stated. "Employees may hesitate to report issues." This action weakens the proactive reporting environment required for aviation safety. The National Airlines Council of Canada (NACC) supports disclosure. However, this support is only for decisions that exclude confidential airline information.

Air Passenger Rights Challenge

The Air Passenger Rights challenge was filed in June. The advocacy group argues that Canadians deserve access to rulings. They say the CTA ruling confidentiality rules violate freedom of expression. Group head Gabor Lukacs calls the rules a "gag order."

Lukacs claims the current system is a "black box." He noted that airlines maintain their own rulings databases. Passengers, however, cannot share decisions among themselves. This creates a significant information imbalance in the proceeding. The lack of public rulings prevents critique and study of decisions. This also stops passengers from learning what their fellow travellers might be owed.

Transparency and the Quasi-Judicial Role

The Canadian Transportation Agency (CTA) acts as a quasi-judicial tribunal. Advocates argue that its rulings should be public. This aligns with the open court principle in law. Prior to the 2023 changes, the CTA posted full decisions online. Now, only basic information is available to the public.

The Growing Backlog and Proposed Penalties

This dispute over transparency comes as Canadian passenger complaints continue to surge. The CTA reported a record-high backlog of nearly 89,000 cases. This figure was current as of January 4. The agency has faced criticism for the slow pace of complaint resolution.

In a related development, the CTA proposed a new amendment. This rule would allow the agency to fine air travellers. The fines would be for breaching the confidentiality rules. The proposed penalties are still pending.

Legal researcher John Lawford expressed concern over this change. He stated the proposed fines would discourage people from using the process. The Canada Transportation Act caps individual penalties at $5,000. Critics point out that comparable processes lack confidentiality rules. For example, the Commission for Complaints for Telecom-television Services has no such requirements.

The outcome of the court case will significantly impact airline complaint resolution. It will determine the level of public accountability for the CTA. It will also define the rights of consumer rights advocates and passengers. The decision will affect how future air travel complaints are handled across Canada. The CTA’s official role is to ensure a balanced system. However, the current debate highlights a deep division over fairness and transparency.

For more information on the regulator, visit the Canadian Transportation Agency (CTA) website.

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