However, the clarification has only ignited fury for some passengers, including Frank Michel, who have since been denied compensation — due to crew shortages.
“It’s insulting,” said Michel, of Marquis, Sask.
He and his wife, Leigh, flew with Air Canada in June. The couple’s flight from Regina to Victoria was delayed by more than five hours. Then, the second leg of their return flight was cancelled, so the couple wound up spending the night at the Vancouver airport.
“I’ve got arthritis, I’m aching and sore; I’m sleeping on a frigging concrete floor,” said Michel, who is 67.
After Air Canada cancelled his flight, Michel, 67, wound up spending the night on the floor of the Vancouver airport. (Frank Michel)
The couple applied for compensation, which would total $2,800 if they qualified. But in late July, Air Canada rejected the Michels’ claim. In two separate emails seen by CBC News, the airline said each flight disruption was “due to crew constraints” linked to COVID-19 and was “safety-related.”
Under federal rules, airlines only have to pay compensation — up to $1,000 per passenger — if the flight disruption is within the airline’s control and not safety-related.
Michel argues Air Canada isn’t playing by the rules.
“CTA has already made it clear that crew constraints is not an acceptable excuse,” he said. “It’s not a safety issue. It’s a management issue. You have to manage your resources.”
‘This decision doesn’t seem to mean anything’
The CTA issued its clarification last month based on a case where WestJet denied a customer compensation, claiming his flight had been cancelled for safety reasons due to a crew shortage.
In its ruling, the CTA emphasized that staffing issues typically warrant compensation because, in general, they are an airline’s responsibility and can’t be categorized as a safety matter. Thus, the agency ordered WestJet to pay the passenger $1,000.
“Training and staffing are within airline control and therefore crew shortages are within airline control, unless there’s compelling evidence” to the contrary, said CTA spokesperson Tom Oommen in an interview. “It’s a high threshold.”
WATCH | Air passengers say they’ve been unfairly denied compensation:
Travellers say they’re being unfairly denied compensation for Air Canada flight cancellations
3 days ago
Duration 2:01
Some travellers say they’re being denied compensation for cancelled Air Canada flights as the airline claims the flight disruptions were ‘due to crew constraints’ and beyond their control.
Oommen said the CTA’s decision will help ensure airlines follow the rules. But some passengers remain skeptical.
“This decision doesn’t seem to mean anything,” said Jennifer Peach, of Langley, B.C., who, along with her husband, had booked a trip with WestJet to attend a wedding last month in St. John’s.
They almost didn’t make it. WestJet cancelled their connecting flight and Peach said the airline then offered to rebook them on a flight one day later — which would mean they’d miss the wedding.
Fortunately, Peach found a Porter Airlines flight that would get the couple to St. John’s about five hours later than originally scheduled, but still in time for the wedding. WestJet told her to book the flight and file for compensation, she said.
Peach asked WestJet for the $773 total she paid for the Porter flight, plus compensation for the couple’s delayed trip. On Aug. 2, WestJet turned down both requests.
In an email seen by CBC News, the airline stated that the flight cancellation “was due to crew member availability and was required for safety purposes.”
That didn’t sit well with Peach, especially in light of the recent CTA decision.
“I don’t know what’s going on here,” she said. “I would assume that if there’s a decision like this made by the Canadian Transportation Agency that it would be the sort of the benchmark for all of these [claims].”
Enforcement options ‘could include fines’: CTA
WestJet and Air Canada each declined to comment on individual cases, but both said they abide by federal air passenger regulations. WestJet said that safety is its top priority. Air Canada said airlines shouldn’t be penalized for cancelling flights for safety reasons.
Air passenger rights expert Ian Jack said the CTA needs to threaten airlines with harsh penalties, such as public shaming and stiff fines, if they fail to comply with compensation regulations.
“The major concern is that the regulator is not exactly striking fear into the hearts of the carriers to make them follow the rules,” said Jack, a spokesperson with the Canadian Automobile Association (CAA), a non-profit travel agency.
“They need to know that they might get caught, embarrassed and called to task by the regulator.”
This graphic shows the compensation air travellers could be entitled to depending on the length of their flight delay. (CBC)
CTA’s Oommen suggested that tough penalties may be coming for non-compliant airlines. “We are indeed looking at all the enforcement options … which could include fines.”
Meanwhile, both Michel and Peach have filed complaints with the CTA. However, they may be in for a long wait. The agency is currently dealing with a backlog of more than 15,000 complaints, Oommen said.
He said the CTA recently made changes to streamline the complaints process and is trying to hire more staff.
<a href=”https://twitter.com/AirCanada?ref_src=twsrc%5Etfw”>@AirCanada</a> how do I appeal a denied compensation request for a delayed flight? The reason for the delay was flight crew constraints …is staffing not under your control?
<a href=”https://twitter.com/WestJet?ref_src=twsrc%5Etfw”>@WestJet</a> I would expect more from your “customer focused” company.Can you please explain how our claim for compensation has been denied since it was a crew staffing issue. Do you not schedule the crews,therefore making it within your control??? <a href=”https://twitter.com/hashtag/flightdelay?src=hash&ref_src=twsrc%5Etfw”>#flightdelay</a> <a href=”https://twitter.com/hashtag/poorcustomerservice?src=hash&ref_src=twsrc%5Etfw”>#poorcustomerservice</a>
TORONTO – The first teenager to be sentenced in the death of a Toronto homeless man will not face further time in custody, and instead participate in a community-based program.
The girl, who pleaded guilty to manslaughter and was 13 at the time of the alleged December 2022 attack on Kenneth Lee, was credited for 15 months of effective pre-trial custody and will serve another 15 months of probation under an Intensive Support and Supervision Program.
Justice David Stewart Rose says the sentence reflects that the teen has taken accountability for her actions by pleading guilty, and experienced institutional malfeasance while in custody, such as being forced to strip naked during searches.
Police have alleged Lee, who was 59 and living in the city’s shelter system, died after he was swarmed and stabbed by a group of girls.
Seven other teens who were between the ages of 13 and 16 at the time were arrested and charged in the case.
Three others pleaded guilty in the case – two to manslaughter and one to assault causing bodily harm – while another four are set to stand trial next year — three for second-degree murder and one for manslaughter.
This report by The Canadian Press was first published Sept. 16, 2024.
OTTAWA – Finance Minister Chrystia Freeland says the government is making some changes to mortgage rules to help more Canadians to purchase their first home.
She says the changes will come into force in December and better reflect the housing market.
The price cap for insured mortgages will be boosted for the first time since 2012, moving to $1.5 million from $1 million, to allow more people to qualify for a mortgage with less than a 20 per cent down payment.
The government will also expand its 30-year mortgage amortization to include first-time homebuyers buying any type of home, as well as anybody buying a newly built home.
On Aug. 1 eligibility for the 30-year amortization was changed to include first-time buyers purchasing a newly-built home.
Justice Minister Arif Virani is also releasing drafts for a bill of rights for renters as well as one for homebuyers, both of which the government promised five months ago.
Virani says the government intends to work with provinces to prevent practices like renovictions, where landowners evict tenants and make minimal renovations and then seek higher rents.
The government touts today’s announced measures as the “boldest mortgage reforms in decades,” and it comes after a year of criticism over high housing costs.
The Liberals have been slumping in the polls for months, including among younger adults who say not being able to afford a house is one of their key concerns.
This report by The Canadian Press was first published Sept. 16, 2024.
OTTAWA – The head of a federal inquiry into foreign interference says she will not be publicly identifying parliamentarians suspected by a spy watchdog of meddling in Canadian affairs.
The National Security and Intelligence Committee of Parliamentarians raised eyebrows earlier this year with a public version of a secret report that said some parliamentarians were “semi-witting or witting” participants in the efforts of foreign states to meddle in Canadian politics.
Although the report didn’t name individuals, the blunt findings prompted a flurry of concern that members knowingly involved in interference might still be active in politics.
As inquiry hearings resume today, commissioner Marie-Josée Hogue cautions that the allegations are based on classified information, which means the inquiry can neither make them public, nor even disclose them to the people in question.
As a result, she says, the commission of inquiry won’t be able to provide the individuals with a meaningful opportunity to defend themselves.
However, Hogue adds, the commission plans to address the allegations in the classified version of its final report and make recommendations.
This report by The Canadian Press was first published Sept. 16, 2024.
