An Ontario Superior Court judge has invalidated a regulation that prohibits travelers from disclosing the outcomes of passenger complaints filed with Canada’s transportation regulator. The ruling on Wednesday determined that the rules restricting travelers from sharing complaint results, including issues like accessible travel and flight compensation, infringe on Canadians’ Charter right to freedom of expression.
The Canadian Transportation Agency’s complaint resolution process, established in 2023, had previously restricted consumers and airlines from publicly revealing complaint details unless both parties consented to waive confidentiality. Major Canadian airlines such as Air Canada, WestJet, Air Transat, Jazz Aviation, and their industry association opposed the legal challenge.
In a motion to intervene in the case in January, the airlines argued that complaint submissions often contain sensitive information that could harm carriers’ business interests and pose privacy risks to passengers and employees. They also raised concerns about potential safety implications, suggesting that employees might hesitate to report issues that could lead to increased passenger payouts. However, a judge denied their intervention request in March.
Jeff Morrison, CEO of the National Airlines Council of Canada, expressed disappointment at the airlines’ exclusion from the case, emphasizing that their participation would have provided a more comprehensive evidentiary basis for the court’s consideration.
Justice Charles Hackland, in his written decision, stated that there was no proof that upholding the confidentiality requirement was essential for process efficiency or safeguarding confidential information, contrary to the government’s stance. Hackland criticized the regulator for violating Canada’s open court principle by withholding complaint-related documents from public release, including to the media.
The government had argued that the prohibition on discussing complaints represented a reasonable restriction on freedom of expression. The Air Passenger Rights advocacy group initiated the constitutional challenge over a year ago, contending that Canadians should have access to rulings by the quasi-judicial tribunal.
Gabor Lukacs, the group’s president, likened the complaints process to a “black box,” with numerous cases shrouded in secrecy. He highlighted the significance of the ruling in enabling customers to openly discuss the complaints process without fear. Lukacs emphasized the importance of creating a level playing field where both airlines and passengers have insight into how matters are handled.
The CBC also intervened in the legal action, asserting that media coverage of passenger complaints was constrained due to restricted access to pertinent information. The issue of transparency in complaint rulings has gained prominence as the backlog of complaints before the agency nears 100,000, according to statements from federal cabinet members.
Transport Minister Steven MacKinnon deemed the backlog unacceptable and announced plans to address it by introducing a new process involving a neutral third-party dispute resolution organization. This organization would leverage private sector expertise to expedite complaint resolutions and enhance accountability.
The government further committed to enhancing transparency by eliminating the requirement for passengers to maintain confidentiality during the complaints process. MacKinnon outlined plans to bolster the Canadian Transportation Agency’s enforcement capabilities by imposing fines of up to $1 million for systemic violations of the Air Passenger Protection Regulations.
