Canada ( Commissioner of Official Languages ) v. Air Canada
A-409-98
Décary J.A.
14/5/99
8 pp.
Appeal from Trial Division decision ((1998), 152 F.T.R. 1) concerning six complaints filed in 1994 against Air Canada-In September 1996, Commissioner of Official Languages of Canada, with consent of complainant, Robert Jolette, moved for remedy against Air Canada under Official Languages Act, s. 78(1)(a)-Disputed issues following: (1) whether complaints "closed" or "closed with follow-up" (2) if complaints still active, whether investigation conducted by Commissioner prescribed by Act, s. 58(1)-First question one of fact-Trial Judge held complaints in question not closed complaints and Commissioner's investigation only stayed-Correctly held that sixth complaint "complaint with follow-up", hence complaint subject to being reactivated, with actual knowledge of Air Canada-Situation differed in regard to first five complaints, however-Commissioner has himself established procedure under which complaints active, closed, or unresolved and subject to being reactivated-Inasmuch as record indicating that sixth complaint unresolved, it must be concluded from evidence that first five complaints closed-Appeal on this point therefore allowed in part-Second question pertained to investigation concerning complaints-In instant case, Commissioner combined 18 complaints for investigation purposes-He identified complaints in report, made summary of them, says he reviewed them and made number of recommendations characterized as systemic-Preferable if Commissioner had taken trouble to write in his report that he had reviewed each complaint and found each individually founded-Throughout Commissioner's investigation in 1995 and 1996 on Air Canada's bilingual service at Lester B. Pearson International Airport in Toronto, company aware Mr. Jolette's sixth complaint one of complaints being investigated by Commissioner-Air Canada never objected-In pleading procedural defect, surprise and injustice, Air Canada in reality pleading ignorance of law-Appeal allowed in part-Official Languages Act, R.S.C., 1985, (4th Supp.), c. 31, ss. 58(1), 78(1).