2014

The Supreme Court of Canada rules that damages may not be awarded if language rights are violated during international air travel

The Supreme Court of Canada held that the Convention for the Unification of Certain Rules for International Carriage by Air (known as the Montréal Convention) precludes awarding damages under section 77 of the Official Languages Act for violations of language rights that occurred during international travel by air.

The issue of whether the Thibodeaus’ language rights were violated was no longer at issue before the Supreme Court of Canada—all parties agreed that they were. The only issues that remained concerned the appropriateness of damages and the structural order to remedy the systematic problem at Air Canada.

The Court also ruled that the remedy of a structural order against Air Canada was not warranted in this case.