No Fly Lists and Discrimination

by | Mar 24, 2016 | For Employees

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.

The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.



Recent Posts

Laid Off and No Recall in Sight?

The Employment Standards Act the (“ESA”) contains a provision which allows for temporary lay-off. Pre Covid-19, the ESA told employers that they could lay off an employee for 13 out of 20 weeks, or 35 out of 52 weeks if the employer continues the employee’s benefits, for example.

read more

Paid Sick Leave? Sort of

With the numbers of COVID-19 cases rising again, especially in the GTA, many employees are asking me as a Toronto employment lawyer what happens if they become sick and they are forced to stay home for 14 days. Following the end of the Canada Emergency Response...

read more

Toronto Office

702 - 2 Bloor Street West,
Toronto, ON M4W 3E2

Barrie Office

277 - 92 Caplan Avenue,
Barrie, ON L4N 9J2

Collingwood Office

220 - 1 First Street
Collingwood, ON
L9Y 1A1



+1 (888) 640-1728


(866) 883-8445


[email protected]

Toronto Office

702 - 2 Bloor Street West, Toronto ON M4W 3E2

Barrie Office

277 - 92 Caplan Avenue, Barrie ON L4N 9J2

Collingwood Office

220 - 1 First Street, Collingwood, ON L9Y 1A1


Subscribe To Our Newsletter

Join our mailing list to receive the latest news and updates from our team.

You have Successfully Subscribed!