FOR IMMEDIATE RELEASE
(Xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish) and səlilwətaɬ (Tsleil-Waututh)/Vancouver, BC) – The BC Civil Liberties Association (BCCLA) has been granted leave to intervene as an Interested Person in the precedent-setting ‘Flying While Black’ case: Francis v Air Canada before the Canadian Human Rights Tribunal (CHRT). The factual hearing is scheduled from July 28 – August 1, 2025, with future dates to be determined.
Dr. June Francis filed a human rights complaint about the racial discrimination she was subjected to by Air Canada staff while attempting to check-in for her flight at the Vancouver International Airport.
This case will decide whether the CHRT retains jurisdiction to award all available remedies under the Canadian Human Rights Act, including forcing airlines to pay out financial compensation for identity-based discrimination in international aviation.
Air Canada argues that even if they did discriminate against Dr. Francis, they shouldn’t have to pay her any money. They say that claims for damages arising from international travel are exclusively governed by the Montreal Convention, meaning that financial compensation would only be available for things like lost luggage or missed flights, and not for human rights violations committed by the airline.
BCCLA is intervening in this case to argue that there is a heightened need for human rights protections and remedies in international aviation because of the quasi-policing powers granted to air carriers under the Canadian Aviation Regulations and the Aeronautics Act. These powers directly impact air passengers’ Charter-protected rights and civil liberties, such as the rights to mobility, liberty and equality, and are susceptible to abuse, particularly if air carriers and their agents aren’t fully held to account when they engage in discrimination.
BCCLA is represented by Lindsay Waddell and Evelyn Tsao of Moore Edgar Lyster LLP.
WHERE: To attend in person: 300 West Georgia, Vancouver, BC; to access the hearing via zoom, visit https://www.chrt-tcdp.gc.ca/en/human-rights/human-rights-public-hearings or contact contact [email protected]
