In 2018, Dr. June Francis, a Black Woman and Anti-Racism educator, experienced adverse treatment by Air Canada staff when she attempted to seek assistance with checking in for her flight at the Vancouver International Airport. As a result of the treatment she experienced, she filed a discrimination complaint against Air Canada with the Canadian Human Rights Tribunal (CHRT). A hearing into this matter commenced on July 28, 2025.

At issue in this case is whether the CHRT retains jurisdiction to award all available remedies under the Canadian Human Rights Act (CHRA), including financial compensation for all forms of identity-based discrimination in international aviation. Air Canada’s position is that claims for damages arising from international travel are exclusively governed by the Montreal Convention (the “Convention”) incorporated under section 2(2.1) of the Carriage by Air Act, however, the Convention does not provide compensation for racial discrimination.

In addition to Dr. Francis’ argument that compensation under the CHRA is a public law remedy that must be accessible in the context of international aviation, BCCLA is intervening in this case to argue that there is heightened need for human rights protections and remedies because of the quasi-policing powers granted to air carriers under the Canadian Aviation Regulations and the Aeronautics Act. These powers bear upon air passenger’s Charter-protected rights and civil liberties, such as the right to mobility, liberty and equality, and are susceptible to abuse, particularly of air carriers and their agents are permitted to discriminate absent adequate consequences.