In Canada (Transportation Safety Board) v
Carroll-Byrne, 2021 NSCA
34 (“Carroll-Byrne”), the Nova Scotia
Court of Appeal upheld a lower court's authorization of the
conditional release of the contents of the cockpit voice recorder
(“CVR”) to the parties to a class action. The appeal
court unanimously affirmed the motion judge's holding that
the public interest in the proper administration of justice
outweighed the statutory privilege that attaches to the CVR.
Background
In its final approach to Halifax International Airport just
after midnight on March 29, 2015, Air Canada Flight 624 severed
power lines and then struck snow-covered ground short of the
runway, impacted a localizer antenna array – causing the
Airbus A320's landing gear to separate – bounced twice
more, and then skidded on its belly before coming to a rest.
Approximately two dozen of the 133 passengers, as well as both
pilots, and a flight attendant, were taken to hospital with
non-life-threatening
