An Ontario Superior Court judge has invalidated a regulation that prohibits travelers from publicizing the outcomes of passenger complaints lodged with Canada’s transportation regulator. The ruling, issued on Wednesday, determined that the restrictions preventing travelers from disclosing complaint resolutions on various issues such as accessible travel and flight compensation infringed on Canadians’ Charter right to freedom of expression.
The Canadian Transportation Agency’s complaint resolution process, established in 2023, had restricted consumers and airlines from sharing such information publicly without mutual consent to waive confidentiality. Major Canadian airlines, including Air Canada, WestJet, Air Transat, Jazz Aviation, and their representative industry group, opposed the legal challenge.
In a bid to intervene in the case in January, the airlines argued that complaint cases involved sensitive information submissions that could jeopardize carriers’ commercial interests and privacy of passengers and employees. They also raised concerns about potential safety compromises if employees refrained from reporting issues that could lead to increased compensations for passengers. However, a judge dismissed their intervention request in March.
Justice Charles Hackland, in his written decision, pointed out that there was no evidence supporting the necessity of the confidentiality requirement to enhance efficiency in the adjudication process or safeguard confidential data, contrary to the government’s stance. He emphasized that the regulator violated Canada’s open court principle by enforcing the confidentiality rule and withholding complaint-related documents from release upon request, including to the media.
Air Passenger Rights, an 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, criticized the confidentiality rules as a “gag order” impeding freedom of expression, accusing airlines of concealing unfavorable information.
Lukacs hailed the court’s decision as a victory for customers, enabling them to openly discuss the complaints process without fear. He likened the current complaints system to a “black box,” concealing tens of thousands of cases in secrecy and limiting public scrutiny.
The issue of transparency in complaint rulings has gained prominence amid a mounting backlog of complaints before the agency, approaching nearly 100,000 cases, as reported by members of the federal cabinet. Transport Minister Steven MacKinnon labeled the backlog “unacceptable” and pledged to eliminate it through a new process involving a neutral third-party organization for dispute resolution.
The government also committed to enhancing the Canadian Transportation Agency’s enforcement powers by allowing fines of up to $1 million for systemic breaches of the Air Passenger Protection Regulations. Ottawa vowed to enhance transparency by removing the requirement for passengers to maintain confidentiality during the complaints process.