Lukacs v Canada (Canadian Transportation Agency) 2015 FCA 140
From Ad IDEM / CMLA
The Federal Court of Appeal has upheld the principle of openness and access to documents with respect to a government agency – the Canadian Transportation Agency.
This decision comes as a result of an application for judicial review of the CTA's refusal to provide an unredacted copy of materials the Agency placed on its public record in a dispute resolution proceeding between Air Canada and a family whose flight from Vancouver to Cancun was delayed. Lukacs was an air transportation passenger advocate. He sought copies of all public documents filed with the Agency in relation to the family's claim for compensation for denied boarding and costs. The Agency asserted that it was bound by the provisions of the Privacy Act to remove personal information from its public record prior to providing a copy to Lukacs.
The application was allowed. The FCA held that the Agency's status as a specialized tribunal did not warrant a divergence from the open court principle. The public record of the proceedings before the tribunal relating to the family's complaint was subject to production in response to a request from a member of the public.