Air Canada v. Canada ( Commissioner of Official Languages )
A-520-97
Décary J.A.
5/5/99
6 pp.
Appeal from Trial Division decision ((1997), 144 F.T.R. 161) refusing to summarily dismiss reference application filed by Commissioner of Official Languages for Canada and additional motion for directions filed on same day-For about 10 years now, Commissioner receiving complaints from members of public with respect to Air Canada's regional carriers-Commissioner attempting to investigate facts at root of complaints, but according to Commissioner, Air Canada systematically standing in way of investigations on ground complaints having more to do with regional carriers, distinct legal entities from Air Canada in latter's view-Reference application asking Court to answer three questions: (1) whether Air Canada's affiliates or "regional carriers", one hundred per cent controlled by Air Canada, subject to provisions of Official Languages Act; (2) if not, whether Air Canada's affiliates or regional carriers "another person or organization acting on its behalf" within meaning of Act, s. 25; (3) if so, whether Air Canada must ensure, in accordance with Act, s. 25, regional carriers comply with duties set out in Act, Part IV concerning services to public on same basis as Air Canada and, if so, by what methods-Trial Division Judge refusing to summarily dismiss reference application, holding premature to do so-Commissioner agreeing with counsel for appellants' proposal to replace words "Air Canada's affiliates or `regional carriers', which are one hundred per cent controlled by Air Canada" with "Air Canada's `regional carriers', as wholly-owned subsidiaries of Air Canada Corporation"-Argument closed with respect to Question 1-Question 2 assumes existence of facts not yet alleged by Commissioner, nor denied by appellants-Court not yet knowing whether any admitted or undisputed facts, and if so, whether sufficient to warrant reference-Premature, when Court having no idea what appellants' position might be, to conclude parties will be unable to agree on joint statement of facts or, alternatively, judge hearing reference application will not be satisfied enough facts in record to proceed with reference-Appeal dismissed-Official Languages Act, R.S.C., 1985 (4th Supp.), c. 31, s. 25.