Blacklisted pilot wins rights case against Bombardier

December 13, 2010 at 9:10 am | Posted in Aviation Law Current Event | Leave a comment

by Sara M. Langston with the blog faculty

Source: The Globe and Mail

Canada’s human-rights laws trump American anti-terrorism efforts in Canada, the Quebec Human Rights Tribunal says in a decision released Tuesday.

The tribunal awarded a Canadian man $319,000 in damages, ruling his human rights were violated when Bombardier Inc. barred him from flight training at a Montreal facility because U.S. authorities had designated him a security threat.

The decision amounts to a repudiation of the process that U.S. authorities use to label people security threats. The Quebec tribunal decided that because of the secrecy of the process, the lack of appeals and alleged racial profiling in an array of national security practices, applying U.S. threat designations in Canada must be considered a violation of Charter rights.

The rejection that sparked the complaint was actually Javed Latif’s second. He had first applied for training under his U.S. pilot’s licence, which alerted Bombardier to his designation as a security threat by American officials. According to the tribunal, the violation occurred when Mr. Latif applied for training under his Canadian pilot’s licence, and was rejected because of the American threat label.

“Those rules do not apply here in Canada, were not adopted here in Canada by Canadian law,” said Athanassia Bitzakadis, the lawyer who represented the Quebec Human Rights Commission, which brought the case before the tribunal. “So Bombardier cannot simply refer to those rules to justify a discriminatory decision to refuse to someone a service, a service that they offer to everyone here in Quebec.” …more

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