Court rules airline complaint confidentiality rule violates Charter rights
Ontario judge strikes down regulations barring travellers from disclosing results of passenger complaints to Canada's transport regulator.
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An Ontario Superior Court judge has struck down regulations that barred travellers from sharing the results of passenger complaints made to Canada's transport regulator, finding them to be a violation of Charter freedom of expression rights.
Justice Charles Hackland ruled Wednesday that the confidentiality requirement — in place since 2023 — had no valid purpose and was not necessary to protect commercial interests or passenger privacy.
The complaint resolution process had prevented disclosure of complaint outcomes unless both the traveller and airline agreed to waive confidentiality. The rule applied to complaints on matters ranging from accessible travel to compensation for cancelled flights.
Canada's largest airlines — including Air Canada, WestJet, Air Transat, and Jazz Aviation — had opposed the court challenge, arguing that complaint cases contain sensitive information that could damage carriers' commercial interests and create privacy risks for passengers and employees.
But Hackland found no evidence the confidentiality requirement was necessary for efficiency in the adjudication process or to prevent release of sensitive information.
Gabor Lukacs, president of advocacy group Air Passenger Rights, had challenged the rules as a "gag order" that violated freedom of expression, accusing the airlines of not wanting "their dirty laundry in the open."
