TRAN Committee Report

SUPPLEMENTARY REPORT 

OF THE 

NEW DEMOCRATIC PARTY OF CANADA 

Accessible air transportation for persons with disabilities

Canada’s New Democrats are horrified by Canadian airlines' ongoing mistreatment of persons with disabilities. Over the course of the Committee's study, witnesses with lived experience expressed in no uncertain terms that such mistreatment is far more prevalent than the airlines have lead Canadians to believe, with some witnesses stating they experience major issues as much as 95 percent of the time they travel. Airlines have shown that they are unwilling to voluntarily take the concrete actions necessary to ensure people with disabilities can travel with dignity and safety. It is long past time that the federal government stepped up to create a strong policy and enforcement regime to ensure people with disabilities have equitable access to Canada’s air transportation system.

The NDP agrees with the findings and recommendations the Committee made in its study on the treatment of people with disabilities by Canadian airlines. The NDP is pleased that so many important recommendations, based on valuable, moving witness testimony were included in the report. This supplementary report seeks to highlight additional recommendations witnesses suggested to better protect the rights, safety and dignity of people with disabilities traveling on Canadian airlines.

1. That the Government of Canada introduce legislation extending the application of human rights law to accessibility equipment, making clear that the harm to a person’s accessibility equipment is a human rights violation.

One of the main concerns witnesses brought forward was that their accessibility equipment is treated as baggage, rather than as an extension of their bodies, and that loss of, or damage to, these devices can have severe, long-term mental and physical ramifications. For this reason, witnesses argued that human rights law must be expanded to include accessibility equipment.

“The human rights that I have as an individual need to be given to my wheelchair, which means that when my wheelchair is damaged—if any accessible equipment is damaged—it is inherently a human rights issue. For this reason alone, airlines and the travel industry need to recognize the fact that when I give what is essentially my legs to them, they have to respect it the same way as they would a human body, a person.” – Max Brault, Consultant

The NDP believes this is a fundamental issue when it comes to Canadian airlines' treatment of persons with disabilities. Accessibility equipment is more than just baggage; it allows people with disabilities the freedom to participate in society. Any harm to such equipment must be treated as a human rights violation. As Mr. Lupien told committee members:

“I don't think that if you were to cut someone's feet off while they were walking, you'd just apologize for cutting them off by accident, and tell them they'd have to spend their vacations without their feet. Breaking our chair is like taking away our legs.” – Paul Lupien, Chair, COPHAN

2. That the Government of Canada immediately extend the one-person-one-fare rule to international flights departing and entering Canada.

In 2008, the CTA imposed a one-person-one-fare (1P1F) rule on domestic flights in Canada and incorporated it into the Accessible Transportation for Persons with Disabilities Regulations (ATPDR) in 2019. However, this policy does not extend to international flights departing from or entering Canada, presenting a financial barrier for people with disabilities who need to access an additional seat for reasons such as utilizing a service animal, travelling with a support person, or their size. According to Disability Without Poverty, in Canada, people with disabilities are twice as likely to live in poverty than those without disabilities. The Parliamentary Budget Officer has indicated the poverty line for people with disabilities is approximately 30 percent higher than the standard poverty line, due in part to the increased costs faced by people living with disabilities, such as the additional cost of needing to book an extra seat on a flight. For years, the CTA and the federal government have argued that international obligations prevent them from expanding 1P1F to international flights. However, witnesses argued strongly these obligations do not prevent the government from upholding its duty to ensure accessible transportation for persons with disabilities.

“These concerns about Canada's international commitments are devoid of any merit. Canada is not only entitled but also has an obligation to impose requirements on airlines operating to and from its territory to implement article 9 of the UN Convention on the Rights of Persons with Disabilities and the right to accessible transportation enshrined therein.” – Gabor Lukacs, President, Air Passenger Rights

3. That the Government of Canada prohibit requiring medical documentation to access accommodations, unless deemed necessary for safety purposes.

New Democrats believe it is important to remove as many barriers preventing people with disabilities from accessing Canada’s transportation system as possible. As many witnesses pointed out, a particularly challenging barrier is the medical forms airlines require to access accommodations. Witnesses told the committee each airline has a different form and different requirements to receive accommodations. Airlines do not save the information collected via these forms, meaning persons with disabilities who require accommodations must complete the required documentation each time they fly. This process can be expensive, time consuming and demeaning. As one witness told the committee:

“At WestJet, when a person is larger than the seats will allow within one person, one fare—that legal fight saw obesity as a disability—the demeaning process is that you have to have your butt measured. You have to put it on paper. A doctor has to sign off on it—try finding a doctor—and then you have to send it in. WestJet has an algorithm that they spent a lot of money on. It is proprietary. They take those numbers and they decide whether or not you get the extra seat. It is demeaning, embarrassing and expensive, and it is why many people with disabilities are not travelling anymore, because they're harmed. They're harmed through the process.” – Heather Walkus, National Chair, Council of Canadians with Disabilities

At a time when fewer and fewer Canadians have access to a family doctor, requiring people with disabilities to find a doctor willing to fill out each airline’s medical forms, usually at a cost, and forcing them to hand their personal medical information over to the airlines, is unreasonable and unnecessary. Not only does it place harmful barriers in the path of people with disabilities, but it is also a privacy infringement.

4. That the Canadian Transportation Agency work with air carriers, airport operators and persons with disabilities towards requiring that a single employee, trained to work with passengers with disabilities, assists each person with a disability from the time they arrive at the airport until they board the aircraft and from when they disembark until they leave the airport.

Several witnesses noted the problematic ongoing practice of transferring people with disabilities who require assistance between several different staff members “like a baton” as they move through an airport. Witnesses told the Committee this practice often leaves people in vulnerable situations: alone with no help for extended periods, unable to use the bathroom, unsure when or if another staff member is coming to help them with the next portion of their journey. They are usually forced to re-explain their necessary accommodations to each new employee.

“I personally have spent four hours parked at a gate waiting for a flight. No one comes to see me. There's no way to contact anyone. I have to go to the washroom. I can't get something to eat. I cannot use any of the airport services. We're moved like luggage from one end to the other.” – Heather Walkus, National Chair, Council of Canadians with Disabilities

“Every time we're passed from one person to another, we have to redescribe our bags. We have to redescribe the various services we need or things we need to do. We have to retrain people on what sort of assistance we may or may not require. We are dealing with people with different levels of skill and different levels of training.[…] There's nothing more frustrating than being handed off after you go through security, not knowing that the security agents have moved your bags to various terminals to be checked, not knowing what's where and not being able to tell the agent who has now met you where your stuff has gone.” – Robert Fenton. Board Chair, Canadian national Institute for the Blind

This practice puts the dignity and safety of people with disabilities at risk. The solution is simple: the government should require airlines to provide a dedicated staff member, trained in working with passengers with disabilities, to guide people who require accommodations for the entirety of their journey through the airport.

5. That the Government of Canada require airlines and airports to (a) install and maintain video systems to monitor the handling of accessibility devices at all times when they are not in their owner’s possession; and (b) require video therefrom be automatically shared with both the passenger and regulator in the event of damage or loss. 

In October of 2024, the American Department of Transportation fined American Airlines $50 million following an investigation which was prompted by the wide circulation of a video showing airline staff mishandling a passenger’s mobility device. Without the video, taken by a passenger, it is possible the investigation, which uncovered thousands of other cases of damaged mobility devices by the airline, would not have occurred. Passengers with disabilities are far too often separated from their accessibility devices, which airlines often either lose or damage with little to no explanation. It is clear further transparency and accountability is needed in the process of handling these devices. The NDP supports the recommendation above, which the Accessibility for Ontarians with Disabilities Act Alliance suggested to the committee:

“Airlines and airports should be required to install and maintain effective video monitoring of the entire handling of a wheelchair or other mobility device from the moment that air passengers with disabilities give up possession of them to the point where the device is returned. Where an incident occurs where the device is damaged, this video should be automatically shared with the passenger and the relevant regulatory authority.” – Written brief submitted by the Accessibility for Ontarians with Disabilities Act Alliance

6. That the Government of Canada require airlines to provide mandatory disability training for airline executive employees and their board members to assist in changing ableist cultures.

Workers who interact directly with passengers are not solely responsible for the mistreatment of persons with disabilities in the Canadian air sector. Change must start at the top, with the executives and boards of directors of the corporations involved. Based Air Canada and WestJet CEOs' testimony, it is clear they do not understand the severity and prevalence of accessibility issues within their sector, nor do they understand the harm being inflicted upon their customers with disabilities.

“First, let me say that whenever these cases you referred to happen, it is as bad for us as it is for those people who are exposed to this.” – Mr. Alexis von Hoensbroech, CEO, WestJet

For the CEO of a major airline to claim that instances of mistreatment of people with disabilities are “just as bad” for the airline as they are for the individual; many of whom recounted to the committee horrifying accounts of physical injury, humiliation and demeaning treatment; demonstrates a fundamental lack of understanding of the issue. This lack of understanding was also noted by witnesses:

“We heard from Air Canada today that they're doing a good job, that they've put in place measures that are needed to fix this, that the problems are few or infrequent, and that all they really need is more education or training for their staff. Every single one of those statements is wrong, and the fact that Air Canada's leadership said this is proof that we need far more systemic solutions.”  – David Lepofsky, Chair, Accessibility for Ontarians with Disabilities Act Alliance

In order to create overarching change in how these companies treat their clients with disabilities, their executives and board members who are making policy decisions for their employees, must undergo disability awareness training.

7. That the Government of Canada compensate persons with disabilities for consultation services, and require all parties operating in the airline sector, including airlines, airports and CATSA to compensate persons with disabilities for consultations.

The NDP supports the committee’s recommendation that all parties within the air sector, including the government, airlines, airports, and CATSA, be required to consult with persons with disabilities. However, it is completely unreasonable to expect people with disabilities to provide their expertise for free, especially since they have spent years telling these parties exactly what is needed to fix the issues.

“This is not new. We tried everything to make change with the industry. […] Every time we have to mount yet another campaign or another legal challenge, it takes people away from their families and from their regular lives, and we are all volunteers. We are not paid to do this. I am the chair of the largest and oldest disability rights organization in this country. We are 48 years old. We have been and are run mainly by volunteers, and we have made great strides to get us to where we are, but we need you.” – Heather Walkus, National Chair, Council of Canadians with Disabilities

“The other thing is with respect to the airlines and the CTA having consultative committees. That's great—they bring in some people with disabilities and they ask questions—but these are recurring problems. I'm not saying anything that people with disabilities—and, I believe, the airlines—haven't known about for years and decades. It's not that they need to hear more from us. They need to actually do something about it.” – David Lepofsky, Chair, Accessibility for Ontarians with Disabilities Act Alliance

For years, disability advocates have provided the government, airlines, airports and CATSA with the information necessary to make required changes. If people with disabilities — who, as noted earlier in this supplementary report, are far more likely to live below the poverty line — are to be expected to re-state their advice as part of such consultation processes, they must be fairly compensated for this work.

8. That the Government of Canada mandate Aircraft Rescue Firefighting services at all Canadian airports with commercial air traffic to ensure comprehensive emergency response capabilities; that these services align with the standards set by the International Civil Aviation Organization, including response time standards, accredited ARFF training for personnel; and that the government provide adequate resources to fulfil these standards.

The Canadian Aviation Regulations governing Aircraft Rescue and Firefighting (ARFF) services have fallen far below the standards set by the International Civil Aviation Organization (ICAO). Specifically, the Canadian Aviation Regulations do not include rescue service within the mandate of ARFF services, despite the fact ICAO regulations explicitly require it. This deficiency disproportionately affects passengers with disabilities, many of whom would have difficulty self-evacuating from an aircraft in an emergency situation. Without the help of skilled first responders trained in aircraft rescue, these passengers are forced to rely on less-trained, less-equipped airline staff or their fellow passengers.

“It is simply not enough to ensure safety and dignity while boarding and while in flight; it is paramount that a reasonable expectation of safe egress is also guaranteed. […] Citizens of this country expect that every consideration is made to ensure procedures for emergency response at airports are built around opportunities to save human life. I have learned this expectation does not fully extend to all human lives, but rather to those who have the ability to independently get to the plane exit door.” – Written brief from Coalition of Persons with Disabilities Newfoundland and Labrador

It is unacceptable that people with disabilities face greater risk in emergency situations. Canada must update the Canadian Aviation Regulations to meet our country’s ICAO obligations.

Conclusion

In conclusion, the abysmal state of accessibility in Canada’s passenger aviation sector has forced people with disabilities to put their safety, dignity and human rights on the line every time they travel on a Canadian airline. It is abundantly clear the parties operating in the sector are not taking adequate action to rectify these issues, and it is long past time the federal government stepped in to create and enforce strong regulation, legislation, and policy to ensure people with disabilities can travel in Canada without fear.