The Halifax-based Air Passenger Rights organization has filed a constitutional challenge in Ontario's Superior Court of Justice against section 85.09(1) of the Canadian Transportation Act. They argue that this provision, which prevents passengers from sharing full details of Canadian Transportation Agency (CTA) decisions without airline consent, violates the open court principle and unfairly benefits airlines by keeping past rulings confidential.
Air passenger rights group files court challenge to 'unconstitutional' rules it says muzzle travellers
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TL;DR: Key points with love ❤️The Halifax-based Air Passenger Rights organization has filed a constitutional challenge in Ontario's Superior Court of Justice against section 85.09(1) of the Canadian Transportation Act. They argue that this provision, which prevents passengers from sharing full details of Canadian Transportation Agency (CTA) decisions without airline consent, violates the open court principle and unfairly benefits airlines by keeping past rulings confidential.
Trending- 1 Almost three years ago: Jill Rorabeck submitted a complaint with the CTA.
- 2 2023: Legislative changes (section 85.09(1) of the Canadian Transportation Act) implemented.
- 3 Last July: Air Passenger Rights asked for five air passenger complaint files.
- 4 A month later: CTA secretariat denied the request.
- 5 January (this year): Jill Rorabeck learned she lost her case.
- 6 2025-06-03: Air Passenger Rights organization filed a constitutional challenge.
- 7 No date set: Hearing for the court challenge.
- Legal challenge to Canadian transportation law
- Potential changes to how air passenger complaints are handled
- Increased transparency in CTA decisions if the challenge is successful
- Continued lack of transparency and accountability in the interim
What: The Air Passenger Rights organization filed a constitutional challenge against a section of the Canadian Transportation Act that makes details of Canadian Transportation Agency (CTA) decisions confidential, arguing it muzzles travellers and violates the open court principle.
When: 2025-06-03 (article published), almost three years ago (Jill Rorabeck's complaint), January (Jill Rorabeck lost her case), 2023 (legislative changes implemented), last July (Air Passenger Rights asked for files), a month later (secretariat denied request).
Where: Ontario's Superior Court of Justice, Halifax (Air Passenger Rights based), Toronto (Jill Rorabeck), Ottawa (University of Ottawa).
Why: The current legislation (section 85.09(1) of the Canadian Transportation Act) prevents passengers from openly sharing details of CTA decisions, which the Air Passenger Rights group argues violates fundamental rights, creates an unfair advantage for airlines, and hinders transparency and public confidence in the justice system.
How: Air Passenger Rights filed a constitutional challenge in court, arguing the confidentiality rules are unconstitutional.