Briefing Note

To: Council of Canadians with Disabilities

From: Yvonne Peters, Cochair Disability Justice Litigation Initiative

Date: October 4, 2024

RE: International Air Transport Association v. Canada (Transportation Agency)

THE SUPREME COURT OF CANADA RULES ON COMPENSATION FOR AIR PASSENGERS

Today, the Supreme Court of Canada (SCC) upheld the Air Passenger Protection Regulation (the Regulation) introduced by the federal government a few years ago. The Regulation provides a standardized system of compensation for passengers who experience disruptions to their air travel plans.  CCD along with the National Pensioners Association and the Public Interest Advocacy Centre intervened in this case. As a coalition we argued that the Regulation was needed and of benefit to air passengers, especially those who already experience transportation barriers and disadvantage.

THE ISSUE

At issue in this case is the Air Passenger Protection Regulation. This Regulation provides a standardized system of compensation for air passengers traveling domestically or internationally who experience flight delays, cancelations, denial of boarding, and lost or damaged baggage. The airlines challenged the validity of the Regulation arguing that the government was overstepping its authority as a compensation scheme already exists through the Montreal Convention. The SCC determined that both compensation systems, the Regulation and Montreal Convention, can coexist as they offer air passengers different options for claiming compensation. Under the Regulation, a passenger can apply, without too much effort, to an airline for a standard amount of compensation when flight arrangements do not go as planned. The passenger does not need to prove fault of the airline, just that they were inconvenienced by flight disruptions, etc. Under the Montreal Convention passengers must prove that the airline was at fault and provide evidence to prove their claim. It is a process similar to a small claims court hearing. This approach can require preparation, time, energy and possible expense. However, filing a claim under the Montreal Convention may be an appropriate option when a passenger encounters extraordinary harm or damage.

WHY THIS ISSUE MATTERS TO CCD

As we all know, people with disabilities in Canada experience significant obstacles as air passengers. Getting stranded while on route because of delays or cancelations can create further difficulties and expenses if alternative travel plans need to be made. CCD argued in favour of the Regulation as it provides a simple method of claiming compensation. Given the many barriers that people with disabilities often experience when flying, being able to access needed compensation through a non-adversarial process offers a small step towards improving their travel experience.

CCD is deeply grateful to Katrine Dilay and Chris Klassen from the Public Interest Law Centre who very capably represented The Coalition at the SCC.