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More Air Canada, WestJet passengers baffled by reasons for denied compensation – CBC News

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For Scott Aalgaard, it doesn’t add up.

On the morning of July 5, Air Canada informed Aalgaard by email his flight that day from Toronto to Hartford, Conn., had been delayed due to “an unforeseen maintenance issue.”

That afternoon, the reason had changed to either “staffing constraints” or “health and safety initiatives.”

Three days later, Air Canada informed Aalgaard he doesn’t qualify for compensation because his flight was cancelled (instead of delayed) due to a “labour dispute” that was outside the airline’s control. 

Aalgaard, a Canadian from B.C. currently living in Middletown, Conn., says the new explanation makes no sense. 

“There was no indication that there was any sort of labour dispute,” he said. “It feels to me like the company is throwing darts at a big poster on the wall, trying to pick out reasons and see what will stick.”

The recent travel chaos at some Canadian airports has led to a spate of flight delays and cancellations. And that has sparked a spate of complaints from passengers that some airlines are providing suspect reasons why they were denied compensation for flight disruptions. 

Under federal regulations, airlines must compensate passengers up to $1,000 for flight delays of three hours or more. 

Because Aalgaard’s flight was delayed by six hours, he, his wife and daughter, whom he was travelling with, would each get $700. However, airlines only have to pay up if the reason for the delay was within their control and not for safety reasons, such as unforeseen mechanical problems.

Aalgaard has filed for compensation with Air Canada despite its claim his flight isn’t eligible. If that doesn’t work out, he plans to file a complaint with the Canadian Transportation Agency (CTA).

“I don’t want Canada to be a place where big companies can just make up the story as they go along,” he said. 

When Scott Aalgaard used Air Canada’s online compensation eligibility tool to find out if he qualified for compensation, the airline told him he didn’t quallify because his flight was cancelled due to a labour dispute. (Air Canada)

A demand for more details

Aalgaard’s not alone. Shortly after Canada launched its flight delay compensation rules in 2019, thousands of air passengers flooded the Canadian Transportation Agency with complaints they received inadequate reasons for denied compensation. 

In November 2021, following a lengthy inquiry that involved all of Canada’s major airlines, the CTA announced it found no evidence the airlines “intentionally misled passengers.” However, the agency said much of the information provided to passengers explaining their flight delays “was inadequate, terse and unclear.”

As a result, the CTA clarified that airlines must explain in “sufficient detail” the reason for a flight delay. 

Consumer advocate Tahira Dawood says passengers need that information to assess whether they should dispute their case. 

“They cannot challenge [the airlines] if they have limited information, or they do not themselves understand what they’re hearing from the air carriers,” said Dawood, a lawyer with the Public Interest Advocacy Centre. 

Tahira Dawood, a lawyer with the Public Interest Advocacy Centre, say it’s important that air passengers get adequate information about why they were denied compensation for delayed flights. (CBC)

Connie DeMelo of Brantford, Ont., was upset when WestJet rejected her claim for compensation. DeMelo and her husband’s flight from Honolulu to Toronto on May 28 was delayed for almost six hours. 

If the delay was caused by WestJet, DeMelo and her husband would each get $400. However, the airline told her in an email that the flight disruption “was outside WestJet’s control.”

WestJet provided no specific reason for the delay.

“They don’t want to take responsibility,” said DeMelo. “If they did give me a reason, I may pursue it even further. But at this point, I don’t know what I’m pursuing.”

Connie DeMelo and her husband, Antonio, were delayed by almost six hours when flying from Honolulu to Toronto. WestJet denied them compensation for their delay. (Submitted by Connie DeMelo)

Air Canada passenger Joshua Cohen received a more detailed explanation why his May 21 flight from Chicago to Toronto was cancelled, but he’s still dissatisfied.

Cohen was rebooked on a flight the following day. He said an Air Canada employee at the Chicago airport assured him the airline would cover his hotel and food costs for the night.

However, when Cohen submitted his expenses for $533.73 US, Air Canada responded by email that he wasn’t eligible for compensation. The airline said his flight cancellation was due to “unforeseen staffing issues” that arose due to the impact of COVID-19, and were outside the airline’s control. 

He was offered instead a $100 flight voucher.

“That’s an absolute slap in the face,” said Cohen, who lives in Toronto. He argues staffing issues are within an airline’s control. 

“They’re trying everything not to compensate their passengers and try and save some money. It’s just not acceptable.”

CTA says file a complaint

WestJet and Air Canada declined to comment on the specific cases in this story. Both airlines said they adhere to Canada’s Air Passenger Protection Regulations and that they’re currently operating in a challenging environment as the travel industry recovers. 

The Canadian Transportation Agency said dissatisfied passengers can file a complaint, the outcome of which may help add clarity to the compensation regulations.

“An important part of our regime is the CTA making decisions on cases and airlines taking account of those decisions in their future actions,” said CTA spokesperson Tom Oomen.

WATCH | Missing baggage adds to travel chaos: 

Luggage delays add to Canadian travel woes

17 days ago

Duration 1:54

Luggage delays are adding to the problems Canadian air travellers face, with some airports seeing mounds of bags piled up and some travellers not getting their luggage during an entire trip.

This week, the CTA issued a decision in a compensation case, ordering WestJet to pay $1,000 to a passenger following a 21-hour flight delay.

According to the CTA’s decision, WestJet had previously told the passenger he wasn’t entitled to compensation because his original flight had been cancelled for safety reasons due to a crew shortage. 

The CTA concluded that crew shortages are generally within the airline’s control and that WestJet “did not sufficiently establish” that the flight cancellation “was unavoidable despite proper planning.”

Cohen says he plans to file a complaint with the CTA, demanding compensation from Air Canada for both his expenses and $1,000 for a flight delay of more than nine hours.

Passenger DeMelo has already filed a CTA complaint.

They may have to wait a while for results. According to the agency, since Dec. 15, 2019, it has received more than 5,154 complaints on the issue, and 70 per cent (3,606) of them have yet to be resolved.

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Canada’s response to Trump deportation plan a key focus of revived cabinet committee

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OTTAWA, W.Va. – U.S. president-elect Donald Trump’s promise launch a mass deportation of millions of undocumented immigrants has the Canadian government looking at its own border.

Deputy Prime Minister Chrystia Freeland said Friday the issue is one of two “points of focus” for a recently revived cabinet committee on Canada-U.S. relations.

Freeland said she has also been speaking to premiers about the issue this week.

“I do want Canadians to know it is one of our two central points of focus. Ministers are working hard on it, and we absolutely believe that it’s an issue that Canadians are concerned about, Canadians are right to be concerned about it,” Freeland said, after the committee met for the first time since Trump left office in 2021.

She did not provide any details of the plan ministers are working on.

Public Safety Minister Dominic Leblanc, whose portfolio includes responsibility for the Canada Border Services Agency, co-chairs the committee. Freeland said that highlights the importance of border security to Canada-U.S. relations.

There was a significant increase in the number of irregular border crossings between 2016 and 2023, which the RCMP attributed in part to the policies of the first Trump administration.

The national police service said it has been working through multiple scenarios in case there is a change in irregular migration after Trump takes office once again, and any response to a “sudden increase in irregular migration” will be co-ordinated with border security and immigration officials.

However, Syed Hussan with the Migrant Rights Network said he does not anticipate a massive influx of people coming into Canada, chalking the current discussion up to anti-migrant panic.

“I’m not saying there won’t be some exceptions, that people will continue to cross. But here’s the thing, if you look at the people crossing currently into the U.S. from the Mexico border, these are mostly people who are recrossing post-deportation. The reason for that is, is that people have families and communities and jobs. So it seems very unlikely that people are going to move here,” he said.

Since the Safe Third Country Agreement was modified last year, far fewer people are making refugee claims in Canada through irregular border crossings.

The agreement between Canada and the U.S. acknowledges that both countries are safe places for refugees, and stipulates that asylum seekers must make a refugee claim in the country where they first arrive.

The number of people claiming asylum in Canada after coming through an irregular border crossing from the U.S. peaked at 14,000 between January and March 2023.

At that time, the rule was changed to only allow for refugee claims at regular ports of entry, with some specific exemptions.

This closed a loophole that had seen tens of thousands of people enter Canada at Roxham Road in Quebec between 2017 and 2023.

In the first six months of 2024, fewer than 700 people made refugee claims at irregular crossings.

There are 34,000 people waiting to have their refugee claims processed in Canada, according to government data.

In the first 10 months of this year, U.S. border officials recorded nearly 200,000 encounters with people making irregular crossings from Canada. Around 27,000 encounters took place at the border during the first 10 months of 2021.

Hussan said the change to the Safe Third Country Agreement made it less likely people will risk potentially dangerous crossings into Canada.

“Trying to make a life in Canada, it’s actually really difficult. It’s more difficult to be an undocumented person in Canada than the U.S. There’s actually more services in the U.S. currently, more access to jobs,” Hussan said.

Toronto-based immigration lawyer Robert Blanshay said he is receiving “tons and tons” of emails from Americans looking at possibly relocating to Canada since Trump won the election early Wednesday.

He estimates that about half are coming from members of the LGBTQ+ community.

“I spoke to a guy yesterday, he and his partner from Kansas City. And he said to me, ‘You know, things weren’t so hunky-dory here in Kansas City being gay to begin with. The entire political climate is just too scary for us,'” Blanshay said.

Blanshay said he advised the man he would likely not be eligible for express entry into Canada because he is at retirement age.

He also said many Americans contacted him to inquire about moving north of the border after Trump’s first electoral victory, but like last time, he does not anticipate many will actually follow through.

This report by The Canadian Press was first published Nov. 8, 2024



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Surrey recount confirms B.C. New Democrats win election majority

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VANCOUVER – The British Columbia New Democrats have a majority government of 47 seats after a recount in the riding of Surrey-Guildford gave the party’s candidate 22 more votes than the provincial Conservatives.

Confirmation of victory for Premier David Eby’s party comes nearly three weeks after election night when no majority could be declared.

Garry Begg of the NDP had officially gone into the recount yesterday with a 27-vote lead, although British Columbia’s chief electoral officer had said on Tuesday there were 28 unreported votes and these had reduced the margin to 21.

There are ongoing recounts in Kelowna Centre and Prince George-Mackenzie, but these races are led by John Rustad’s B.C. Conservatives and the outcomes will not change the majority status for the New Democrats.

The Election Act says the deadline to appeal results after a judicial recount must be filed with the court within two days after they are declared, but Andrew Watson with Elections BC says that due to Remembrance Day on Monday, that period ends at 4 p.m. Tuesday.

Eby has said his new cabinet will be announced on Nov. 18, with the 44 members of the Opposition caucus and two members from the B.C. Greens to be sworn in Nov. 12 and the New Democrat members of the legislature to be sworn in the next day.

This report by The Canadian Press was first published Nov. 8, 2024.

The Canadian Press. All rights reserved.



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Port of Montreal employer submits ‘final’ offer to dockworkers, threatens lockout

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MONTREAL – The employers association at the Port of Montreal has issued the dockworkers’ union a “final, comprehensive offer,” threatening to lock out workers at 9 p.m. Sunday if a deal isn’t reached.

The Maritime Employers Association says its new offer includes a three per cent salary increase per year for four years and a 3.5 per cent increase for the two subsequent years. It says the offer would bring the total average compensation package of a longshore worker at the Port of Montreal to more than $200,000 per year at the end of the contract.

“The MEA agrees to this significant compensation increase in view of the availability required from its employees,” it wrote Thursday evening in a news release.

The association added that it is asking longshore workers to provide at least one hour’s notice when they will be absent from a shift — instead of one minute — to help reduce management issues “which have a major effect on daily operations.”

Syndicat des débardeurs du port de Montréal, which represents nearly 1,200 longshore workers, launched a partial unlimited strike on Oct. 31, which has paralyzed two terminals that represent 40 per cent of the port’s total container handling capacity.

A complete strike on overtime, affecting the whole port, began on Oct. 10.

The union has said it will accept the same increases that were granted to its counterparts in Halifax or Vancouver — 20 per cent over four years. It is also concerned with scheduling and work-life balance. Workers have been without a collective agreement since Dec. 31, 2023.

Only essential services and activities unrelated to longshoring will continue at the port after 9 p.m. Sunday in the event of a lockout, the employer said.

The ongoing dispute has had major impacts at Canada’s second-biggest port, which moves some $400 million in goods every day.

On Thursday, Montreal port authority CEO Julie Gascon reiterated her call for federal intervention to end the dispute, which has left all container handling capacity at international terminals at “a standstill.”

“I believe that the best agreements are negotiated at the table,” she said in a news release. “But let’s face it, there are no negotiations, and the government must act by offering both sides a path to true industrial peace.”

Federal Labour Minister Steven MacKinnon issued a statement Thursday, prior to the lockout notice, in which he criticized the slow pace of talks at the ports in Montreal and British Columbia, where more than 700 unionized port workers have been locked out since Nov. 4.

“Both sets of talks are progressing at an insufficient pace, indicating a concerning absence of urgency from the parties involved,” he wrote on the X social media platform.

This report by The Canadian Press was first published Nov. 8, 2024.

The Canadian Press. All rights reserved.

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