Court rules confidentiality clause for air travel complaints violates Charter

People are seen at Billy Bishop Airport in Toronto on Friday, July 19, 2024. THE CANADIAN PRESS/Christopher Katsarov

An Ontario Superior Court judge has struck down a rule that blocks travellers from sharing the outcome of passenger complaints made to the country’s transport regulator.


The ruling Wednesday found that regulations barring travellers from disclosing the result of complaints on matters ranging from accessible travel to compensation for a cancelled flight violate Canadians’ Charter rights to freedom of expression.

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The complaint resolution process in place since 2023 had prevented disclosure of such information unless both parties agreed to waive confidentiality.

Canada’s biggest airlines — including Air Canada, WestJet, Air Transat, Jazz Aviation and the industry group that represents them — had opposed the court challenge, arguing complaint cases involve submissions with sensitive information that could undermine carriers’ commercial interests and create privacy risks for passengers and employees.

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But in his written decision, Justice Charles Hackland said there was no evidence that the confidentiality requirement “is necessary or required to achieve efficiency in the adjudication process or to prevent the release of confidential information.”

Gabor Lukacs, president of advocacy group Air Passenger Rights, had claimed the confidentiality rules amounted to a “gag order” that violates freedom of expression, accusing the airlines of not wanting “their dirty laundry in the open.”

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This report by The Canadian Press was first published July 9, 2026.