DISCRIMINATION - Race, colour, ancestry or place of origin - Access to public places or transportation

Law360 Canada ( September 9, 2024, 1:06 PM EDT) -- Appeal by Zoghbi from federal court decision regarding human rights complaint he made against Air Canada. Zoghbi, a Lebanese-born Canadian, alleged discrimination by Air Canada on grounds of race, ethnic origin, color, and religion when he was denied boarding and banned from travel after an incident on a flight. The Canadian Human Rights Commission (Commission) screened out Zoghbi's complaint, finding it could not award monetary damages due to an international convention incorporated into Canadian law by the Carriage by Air Act (CAA). Zoghbi applied for judicial review, and the federal court found that while monetary compensation was barred, other remedies might be available. The key issues were: 1) Whether the Commission reasonably interpreted the Montreal Convention (MC) and the CAA as barring monetary damages; 2) Whether the Commission should have considered the International Convention on the Elimination of all Forms of Racial Discrimination (ICEFRD) or the primacy of the Human Rights Act (HRA); and 3) Whether the CAA violated equality rights under the Canadian Charter of Rights and Freedoms (Charter). Zoghbi argued the conventions did not bar his claim, the HRA prevailed, and the CAA was unconstitutional. Air Canada maintained that the CAA validly incorporated the MC, precluding monetary damages....
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