The court decision released Friday upholds Canada’s Air Passenger Protection Regulations after a group of airlines appealed to have them declared invalid for international flights.
RELATED - Following the air travel chaos of the past winter, the federal government is proposing new rules to strengthen protection for travellers, but critics warn the changes won't go far enough. Anne Drewa reports – Apr 24, 2023At the heart of the case was whether Canada ’s passenger rights charter, enacted in 2019, could stand alongside rules set out in the Montreal Convention, the international standard signed by Canada in 2001.
According to that standard, a passenger can attempt to argue in court that they were wronged and if successful receive compensation accordingly.That was challenged by a group of airlines that included Air Canada, Porter Airlines and international carriers such as Lufthansa and Air France.These airlines argued that the APPR extend beyond the Canadian Transportation Agency’s powers and were inconsistent with the rules set out in the Montreal Convention.
On Friday, the Supreme Court stated in a decision written by Justice Malcolm Rowe that the regulations “do not conflict with the Montreal Convention.”Under the federal rules, passengers must be compensated with up to $2,400 if they were denied boarding because a trip was overbooked — so-called flight bumping.Delays and other payments for cancelled flights warrant compensation of up to $1,000.
“Today, the Supreme Court ruled in favour of passengers and our view that passengers need protection. We will always stand up for Canadians and their rights as travellers,” she said.
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