Court strikes down airline complaint confidentiality rule, citing Charter violation

An Ontario Superior Court judge has struck down a rule that blocked travellers from publicly sharing the outcomes of passenger complaints to Canada's transport regulator, finding it violates freedom of expression.

The Canadian Transportation Agency's complaint resolution process, in place since 2023, had prevented both passengers and airlines from disclosing complaint results unless both parties agreed to waive confidentiality.

Canada's major airlines — Air Canada, WestJet, Air Transat, and Jazz Aviation — opposed the legal challenge, arguing that complaint cases contain sensitive information that could harm their commercial interests and raise privacy concerns for passengers and employees. They also claimed safety could be compromised if workers feared their disclosures might lead to higher payouts.

But Justice Charles Hackland found no evidence the confidentiality requirement was necessary for efficiency or to protect sensitive information. He also noted the regulator was violating Canada's open court principle by refusing to release decisions and orders upon request, including to media.

Gabor Lukacs, president of advocacy group Air Passenger Rights, called the rule a "gag order" designed to keep "dirty laundry" hidden. He said the ruling will give passengers a fair chance to discuss their complaints publicly and help advocates understand how the system actually works. With tens of thousands of cases in the backlog and only airlines having access to databases of rulings, the transparency shift levels the playing field for consumers.