The Canadian Transportation Agency issued an order last January
requiring Air Canada and other domestic airlines to make additional
seats free to disabled or obese passengers who need extra room.
The airlines' appeal was rejected twice - first by the Federal
Court of Appeal in May, and then by the country's highest court on
Thursday.
Air Canada spokesman Peter Fitzpatrick said on Monday they are
developing detailed eligibility rules for free seats. The ruling on
Thursday applies only to domestic flights and will be implemented
on Jan 9, 2009.
'It's been basically left to the airlines to determine how they
are going to comply,' Mr Fitzpatrick said. 'We're working on it
now.'
Under the ruling, airlines cannot charge extra for an obese
person who needs an additional seat or a disabled person who needs
space for a wheelchair or stretcher or who must be accompanied by
an attendant.
Mr David Baker, the Toronto lawyer who fought the case on behalf
of disabled passengers, said the ruling will allow more disabled
people to travel.
Ms Joanne Neubauer of Victoria, one of two people whose
complaints sparked the case, said the news made her feel like 'an
equal citizen in this country'. Ms Neubauer suffers from rheumatoid
arthritis and uses a motorised wheelchair.
Air Canada and WestJet, Canada's second largest carrier, said
they will comply with the transportation agency's order. WestJet
spokesman Richard Bartem said his company may consider extending
the policy to international flights.
Bus, train and ferry companies have long made arrangements for
free extra seats, but the airline industry had argued it would lose
too much money by doing the same.
The transportation agency rejected claims that providing extra
seats would impose an 'undue hardship' on airlines, saying they can
afford the financial burden.
The agency estimated the cost to Air Canada at about C$7 million
(S$8.5 million) a year and to WestJet at about C$1.5 million a
year. The agency said that amounts to about 77 Canadian cents a
ticket for Air Canada and 44 Canadian cents Canadian for
WestJet.
To put it another way, the agency said the cost would be 0.09
per cent of Air Canada's annual passenger revenue and 0.16 per cent
of WestJet's revenue. -- AP