Canada ( Commissioner of Official Languages ) v. Air Canada
T-1989-96
Dubé J.
31/12/97
13 pp.
Motion by Air Canada asking Court to strike out in part motion by Commissioner of Official Languages under Official Languages Act, s. 78-Commissioner's originating motion concerning Air Canada's failure to provide ground services in French at Halifax airport-Supported by three affidavits, including one filed by complainant Paul Comeau-Paul Comeau's complaints mostly concerning failure to provide bilingual services at check-in and ticket counters-Remedy for which Commissioner may apply provided for in Act, s. 78-Air Canada's position (Commissioner may only apply for remedy limited to facts relating to specific complaint, investigation of complaint and resulting reports and recommendations) too narrow and inconsistent with Act's general objectives and remedial and quasi-constitutional nature-Remedy not limited to types of ground services listed in Paul Comeau's two specific complaints but may apply to all ground services provided by Air Canada at Halifax airport-Purpose of Act, s. 79 to enable Commissioner to prove to Court existence of systemic problem existing for number of years-Admissibility in evidence of additional information of similar complaints nevertheless not transforming hearing into public commission of inquiry-Not inquiry here, but de novo application for court remedy within scope of original complaints and other similar complaints in respect of same institution-Purpose of Commissioner's intervention to ensure Air Canada discharges duties to French-speaking travelling public-Nothing in Act indicating information in closed files, namely files already considered by Commissioner, cannot be reconsidered in reviewing similar complaints in respect of same federal institution-Commissioner must apply s. 23(1) to determine whether "significant demand" for services in official language-S. 23(1) stating every federal institution providing services or making them available to travelling public has duty to do so in official language requested where "there is significant demand for those services in that language"-Commissioner may file in evidence complaints and information relating to situations occurring before Regulations came into force-Motion dismissed-Official Languages Act, R.S.C., 1985 (4th Supp.), c. 31, ss. 23, 78, 79.