Air Canada Pilots Launch Court Challenge of Federal Legislation

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""style="" float: right;"" />Air Canada Pilots Launch Court Challenge of Federal Legislation

 

20 March 2012

 

TORONTO – Air Canada pilots are asking the Ontario Superior Court of Justice to rule that federallegislation passed last week, forcing them to fly and accept a contract imposed through arbitration,contravenes the Canadian Charter of Rights and Freedoms.

 

“Our pilots are professionals with the freedom to associate and bargain collectively under the CanadaLabour Code,” said Captain Paul Strachan, President of the Air Canada Pilots Association (ACPA). “The Harpergovernment’s bill clearly violates their rights and should be struck down by the courts.”

 

The pilots also argue in their application to the court that the legislation forcing them to fly conflictswith their legal obligations under the Canadian Aviation Regulations, which prohibit pilots from flying ifthey have any reason to believe they are unfit to properly perform their duties.

 

“All professional pilots have a moral, legal and ethical responsibility to assess their own fitness forduty before taking control of an airplane containing hundreds of passengers, all depending upon the pilotsfor their safety,” Captain Strachan said. “The legislation attempts to override that responsibility andcompel pilots to fly by threatening them with fines of up to $1,000 if they do not report for duty. This isnot only a legal issue, but also a public safety issue that should concern all passengers.”

 

The pilots ask the court to declare the legislation unconstitutional and order that any contract imposedunder arbitration is null and void. The complete application to the court is available at www.acpa.ca .

 

“We are confident that the rights afforded to all Canadians under the Charter will be upheld and the courtwill restore fundamental justice,” Captain Strachan said.

 

The Air Canada Pilots Association is the largest professional pilot group in Canada, representing the3,000 pilots who operate Air Canada’s mainline fleet.

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Contact: Paul Howard, Director of Communications 905-678-9008 ext. 4011 phoward@acpa.ca

 

Notice of Application re Bill C-33

 

 

Submitted by ACPA on  20 March 2012  11:59 EDT

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