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ARTICLE · 18 MAY 2015

Year In Review: CTA Rules On Standing For Discrimination Complaints

Alexander Holburn Beaudin + Lang LLP
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In its Decision No. 425-C-A-2014, the Canadian Transportation Agency (CTA) directly addressed a person's right to bring a complaint of discrimination.

CanadaTransport

In its Decision No. 425-C-A-2014, the Canadian Transportation Agency (CTA) directly addressed a person's right to bring a complaint of discrimination.

In September 2014, Gábor Lukács filed a complaint with the CTA alleging that Delta Airlines' practices around the transportation of "large (obese)" persons were discriminatory.  A preliminary issue arose as to Mr. Lukács' "standing" (or "right") to bring a complaint on behalf of "large" persons, defined by Delta Airlines policies, as being unable to fit in a single seat.

Mr. Lukács argued that it was not necessary for him to be a member of the discriminated class.  Mr. Lukács argued that under s. 111 of the Air Transportation Regulations, the CTA had jurisdiction to hear a complaint made by "any person" – not necessarily one affected by the issue in question.  In so arguing, Mr. Lukács relied heavily upon certain previous decisions of the CTA.  The CTA rejected this argument, finding that each of the previous

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