No Fly Lists and Discrimination

Canadians facing discrimination by being denied boarding on flights or zealously scrutinized at airports has been reported frequently in recent months.

Human Rights and Accessing Services

Canadians accessing federal services like airlines are protected by the Canadian Human Rights Act. A similar legislation, the Ontario Human Rights Code, exists provincially to protect individuals against discrimination by provincial services, like the TTC for example. These services cannot discriminate against an individual on the basis of age, race, religion, or gender – among others grounds.

If an individual is denied a service based on a prohibited human right, she can complain to the Canadian Human Rights Commission or the Human Rights Tribunal of Ontario.

The individual must prove that she is a member of a protected group, like women, for example.  She then must prove that she was denied a service or treated differently from others and the reason for the denial is because of her membership in the protected group i.e. because she is a woman.

No Fly Lists and Human Rights

In this situation, a man has complained to the Canadian Human Rights Commission that Air Canada prevented him man from flying because he is a Muslim, or because of his country of origin – Syria.

If Air Canada cannot prove that it had a legislative requirement to prevent him from boarding the plane, which is what they are arguing, then there would be a breach of the Canadian Human Rights Act.

If you have experienced discrimination in accessing any public service, you may have a human rights claim. If you would like to speak to a lawyer at MacLeod Law Firm, we would be happy to assist you. Please contact us at [email protected] or 647-204-8107.