Supreme Court Upholds Canada’s Air Passenger Protection Regulations, Delivering Victory for Passengers
In a landmark decision, the Supreme Court of Canada has unanimously upheld the country’s Air Passenger Protection Regulations (APPR), dismissing a challenge by 16 international airlines, including Air Canada and Porter. The airlines had argued that the Canadian Transportation Agency (CTA) overstepped its authority in implementing regulations to compensate passengers for delays, cancellations, and denied boarding.
The airline coalition, supported by the International Air Transport Association (IATA), sought to invalidate the APPR for international flights, pointing to the Montreal Convention, an international air passenger treaty that Canada is a signatory to. The airlines claimed that the Convention already established the necessary framework for passenger rights and that Canada’s additional regulations were excessive.
However, the Supreme Court firmly rejected this argument. The court stated, “In signing on to the Convention, there is no indication that Canada or any other state party agreed to forgo its ability to provide for minimum standards of treatment for passengers within its jurisdiction.”
Passenger rights advocate Gabor Lukacs, who was an intervener in the case, hailed the decision as a win for Canadian travelers. “The decision upholds Canadian passengers’ right to be treated fairly,” Lukacs, founder of Air Passenger Rights, said. He also suggested that the ruling could pave the way for strengthening Canada’s air passenger protections, similar to the robust regulations in place across the European Union.
The CTA expressed satisfaction with the court’s ruling, noting that it brings “certainty” to Canada’s passenger protection regime. The APPR, implemented in 2019, obligates airlines to compensate passengers for flight disruptions and lost or damaged baggage.
The ruling underscores the continued efforts to ensure fair treatment for air passengers in Canada, with possible further enhancements to the APPR on the horizon.
Source: The Canadian Press
