An Ontario Superior Court judge has invalidated a regulation that restricts travelers from disclosing the results of complaints filed with Canada’s transportation regulator. The ruling issued on Wednesday deemed the regulations prohibiting travelers from revealing the outcomes of complaints, whether related to accessible travel or flight compensation, as a violation of Canadians’ Charter right to freedom of expression.
The Canadian Transportation Agency’s complaint resolution process, enforced since 2023, had previously prevented individuals and airlines from publicly sharing such information unless both parties consented to waive confidentiality. Major Canadian airlines like Air Canada, WestJet, Air Transat, Jazz Aviation, and their representative industry group had opposed the legal challenge.
In a motion filed in January to intervene in the case, the airlines argued that complaint cases involved sensitive information submissions that could jeopardize carriers’ commercial interests and pose privacy risks for passengers and employees. They also raised concerns that safety could be compromised if employees refrained from reporting issues that might lead to increased compensations for passengers. However, a judge dismissed their intervention request in March.
Jeff Morrison, CEO of the National Airlines Council of Canada, expressed disappointment at the airlines not being allowed to participate in the case, mentioning that their involvement could have provided more evidence for the court to consider.
In his written ruling, Justice Charles Hackland stated that there was no evidence to support the necessity of the confidentiality requirement for efficiency in the adjudication process or to prevent the disclosure of confidential information, contrary to the government’s stance.
Hackland further emphasized that the regulator was violating Canada’s open court principle by upholding the confidentiality rule, which hindered the release of decisions, orders, or other complaint-related documents upon request, including to the media.
The advocacy group Air Passenger Rights 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, criticized the confidentiality rules as a “gag order” impeding freedom of expression and accused airlines of concealing unfavorable information.
Lukacs welcomed the court ruling, stating that it empowers customers to openly discuss the complaints process without fear. He compared the complaints process to a “black box” with thousands of cases shrouded in secrecy, noting that only airlines had access to databases of rulings.
The CBC, as an intervenor in the legal proceedings, argued that media coverage on passenger complaints was constrained due to limited access to information. The issue of transparency in complaint rulings is heightened as the backlog of complaints before the agency nears 100,000, as indicated by statements from federal cabinet members.
Transport Minister Steven MacKinnon deemed the backlog “unacceptable” and announced plans to eliminate it by introducing a new process involving a neutral third-party dispute resolution organization to settle complaints efficiently. MacKinnon emphasized the government’s efforts to enhance transparency, enforce regulations, and hold airlines accountable for violations of the Air Passenger Protection Regulations.
Ottawa pledged to enhance the Canadian Transportation Agency’s enforcement powers by enabling fines of up to $1 million for systemic violations, aiming to improve the air passenger complaint resolution process and overall transparency.