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Air Canada ordered to pay $12,000 to passenger

Air Canada ordered to pay $12,000 to passenger

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Old Jul 14th 2011, 11:14 pm
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Default Air Canada ordered to pay $12,000 to passenger

It's the Canadian dream

When Michel Thibodeau couldn’t order a 7-Up in French on an Air Canada flight in spring 2009, the federal-government worker didn’t just grumble about poor service. He and his wife Lynda sued the airline for more than half a million dollars.

They weren’t just upset about the can of pop. The soft-drink incident was one of half a dozen times the couple said they were denied service in French over the course of two trips they took with Air Canada and its contract carrier, Jazz, in 2009.

“If I take a flight and I’m not served in the language of my choice, and I don’t do anything about it, then my right is basically dead,” said Mr. Thibodeau, who is fluently bilingual. “I was not asking for anything other than what I was already entitled to. I have a right to be served in French.

A Federal Court judge on Wednesday agreed, granting the couple $12,000 in compensation for four occasions when Air Canada failed to serve them in French. The judge also ordered the airline to apologize to the couple and introduce a system to track potential violations of its language duties”
You can read about it, http://www.theglobeandmail.com/news/...rticle2096669/

Frankly I don't know what to think. Have we gone too far? Could this have been a deliberate act to extort money? Or make a political statement?

This happens to be the 2nd time this individual has sued for the same problem. Was this a cherry picked incident?
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Old Jul 14th 2011, 11:19 pm
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Default Re: Air Canada ordered to pay $12,000 to passenger

That's the problem when you have official languages and a state subsidized air-line. Frankly I'm amazed that this is any of the governments business.

Ideally, Air Canada would be able to get all Michael O'Leary on whining frenchies and tell them that if they don't like the service to piss off and use somebody elses air-line.
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Old Jul 14th 2011, 11:39 pm
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Default Re: Air Canada ordered to pay $12,000 to passenger

Originally Posted by ultrarunner
It's the Canadian dream



You can read about it, http://www.theglobeandmail.com/news/...rticle2096669/

Frankly I don't know what to think. Have we gone too far? Could this have been a deliberate act to extort money? Or make a political statement?

This happens to be the 2nd time this individual has sued for the same problem. Was this a cherry picked incident?
Haven't looked at the judgment but, unless the Airline is an emanation of the State (it might be, I don't know), does this mean that all Canadians have a right to be served in both official languages at any point of service. If so, I am fooked.

On another note, I bet his legal fees cost more than he recovered in damages
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Old Jul 14th 2011, 11:43 pm
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Default Re: Air Canada ordered to pay $12,000 to passenger

Originally Posted by ultrarunner
This happens to be the 2nd time this individual has sued for the same problem. Was this a cherry picked incident?
Reports elsewhere suggest he also filed a complaint against City of Ottawa relating to the buses and lack of bilingual service, in between the two Air Canada actions.
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Old Jul 15th 2011, 1:05 am
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Default Re: Air Canada ordered to pay $12,000 to passenger

The Official Languages Act provides, among other things,

that Canadians have the right to receive services from federal departments and from Crown corporations in both official languages;
that Canadians will be able to be heard before federal courts in the official language of their choice;
that Parliament will adopt laws and to publish regulations in both official languages, and that both versions will be of equal legal weight;
that English and French will have equal status of languages of work within the federal public service within geographically defined parts of the country that are designated bilingual (most notably in National Capital Region, Montreal and New Brunswick), as well as in certain overseas government offices and in parts of the country where there is sufficient demand for services in both official languages. In remaining geographical areas, the language of work for federal public servants is French (in Quebec) and English (elsewhere);


It's the law and Air Canada broke the law.
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Old Jul 15th 2011, 1:12 am
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Default Re: Air Canada ordered to pay $12,000 to passenger

Originally Posted by Auld Yin
The Official Languages Act provides, among other things,

that Canadians have the right to receive services from federal departments and from Crown corporations in both official languages;
that Canadians will be able to be heard before federal courts in the official language of their choice;
that Parliament will adopt laws and to publish regulations in both official languages, and that both versions will be of equal legal weight;
that English and French will have equal status of languages of work within the federal public service within geographically defined parts of the country that are designated bilingual (most notably in National Capital Region, Montreal and New Brunswick), as well as in certain overseas government offices and in parts of the country where there is sufficient demand for services in both official languages. In remaining geographical areas, the language of work for federal public servants is French (in Quebec) and English (elsewhere);


It's the law and Air Canada broke the law.
Air Canada is a private company not a crown corp or a federal dept.
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Old Jul 15th 2011, 1:58 am
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Default Re: Air Canada ordered to pay $12,000 to passenger

Originally Posted by Auld Yin
It's the law and Air Canada broke the law.
Originally Posted by Alan2005
Air Canada is a private company not a crown corp or a federal dept.
Something I read said they retained the language requirement when they were privatised.

But the issue as far as I'm concerned isn't the offence, it's the $12000 compensation.

Did they lose or suffer something that required compensation of that amount?
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Old Jul 15th 2011, 2:06 am
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Default Re: Air Canada ordered to pay $12,000 to passenger

Originally Posted by Alan2005
Air Canada is a private company not a crown corp or a federal dept.
That was my issue. In European cases the whole "emanation of the State" argument is used to get round such issues. I have no idea what Air Canada's status is but if, as you state, it is a private company, I can't see why it has to provide services in both languages.
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Old Jul 15th 2011, 2:07 am
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Default Re: Air Canada ordered to pay $12,000 to passenger

Originally Posted by BristolUK
Something I read said they retained the language requirement when they were privatised.

But the issue as far as I'm concerned isn't the offence, it's the $12000 compensation.

Did they lose or suffer something that required compensation of that amount?
I hope he represented himself, failing which, I am very confident he would have lost money on this action.
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Old Jul 15th 2011, 2:37 am
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Default Re: Air Canada ordered to pay $12,000 to passenger

Originally Posted by Almost Canadian
That was my issue. In European cases the whole "emanation of the State" argument is used to get round such issues. I have no idea what Air Canada's status is but if, as you state, it is a private company, I can't see why it has to provide services in both languages.
The only thing I can think of is that the terms of service when you buy a ticket say that both languages will be available. Thus while not against the law - it's something like breach of contract.
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Old Jul 15th 2011, 2:40 am
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Default Re: Air Canada ordered to pay $12,000 to passengert

Originally Posted by Almost Canadian
That was my issue. In European cases the whole "emanation of the State" argument is used to get round such issues. I have no idea what Air Canada's status is but if, as you state, it is a private company, I can't see why it has to provide services in both languages.
It has an agreement to do so. Canada is a bi-lingual nation and Air Canada is its national flag carrier. While it may be an appeasement requirement for Quebec, it is what it is and it should supply the agreed upon service. AFAIC it is a publicly traded corporation, not a private one. This is not Europe and given the mess much of it is in, I'm certainly glad it's not.
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Old Jul 15th 2011, 2:53 am
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Default Re: Air Canada ordered to pay $12,000 to passenger

Originally Posted by Almost Canadian
I hope he represented himself, failing which, I am very confident he would have lost money on this action.
The Ottawa Citizen reports they got $6000 each plus costs $6982.19, so nearly $19k in total. Perhaps that makes a difference
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Old Jul 15th 2011, 2:56 am
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Default Re: Air Canada ordered to pay $12,000 to passenger

Originally Posted by Almost Canadian
I hope he represented himself, failing which, I am very confident he would have lost money on this action.
Maybe its was a no-win-no-fee type deal?
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Old Jul 15th 2011, 2:59 am
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Default Re: Air Canada ordered to pay $12,000 to passenger

Originally Posted by Auld Yin
In remaining geographical areas, the language of work for federal public servants is French (in Quebec) and English (elsewhere);
Not entirely true.

Federal public servants in middle management positions and above are often required to be functionally bilingual in various locations across Canada.
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Old Jul 15th 2011, 3:32 am
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Default Re: Air Canada ordered to pay $12,000 to passengert

Originally Posted by Auld Yin
It has an agreement to do so. Canada is a bi-lingual nation and Air Canada is its national flag carrier. While it may be an appeasement requirement for Quebec, it is what it is and it should supply the agreed upon service. AFAIC it is a publicly traded corporation, not a private one. This is not Europe and given the mess much of it is in, I'm certainly glad it's not.
Publicly traded does not mean it's owned by the government. Only that it's listed on an exchange and trade in it's shares is regulated.

There is no law that requires publicly traded companies to be bilingual. I work for a company listed on the TSX - it's certainly not bilingual.

To be honest the whole concept of 'official' languages is a crock of shit. Really - what's the point of having even one, let alone two.

Edit: No wonder Air Canada is facing bankruptcy if it has to cater for crappy stuff like this adding to it's costs.

Last edited by Alan2005; Jul 15th 2011 at 3:35 am.
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