Bombardier ordered to cease applying US national security standards when processing training requests for pilots
In Commission des droits de la personne et des droits de la jeunesse c. Bombardier inc. (Bombardier Aerospace Training Center), 2010 QCTDP 16, the Quebec Human Rights Tribunal ordered Bombardier to cease applying US national security standards when processing training requests for pilots seeking Canadian licences.
Aldona Gudas, a lawyer at Blakes, has written a summary of the decision (which is in English) in a Blakes bulletin that can be found here: "Bombardier to Pay Damages Under Quebec Human Rights Tribunal Decision" (February 18, 2011).
In her article, Ms. Gudas states that this decision:
...provides an example of Canadian tribunals facing the thorny task of determining the legal ramifications under Canadian law when certain U.S. policies impact Canadian citizens. That decision held that Bombardier discriminated against a pilot who is a citizen of both Canada and Pakistan, on the basis of his ethnic or national origin when it refused to provide him flight training at the Bombardier Aerospace Training Center (BATC) under his Canadian pilot's licence on the grounds that he had been denied security clearance by U.S. authorities for the same training applied for under his American pilot's licence.
In relation to damages, Ms. Gudos notes that the Tribunal awarded the complainant:
- US$309,798 in compensatory damages (less approximately C$66,000 he had earned);
- C$25,000 in moral damages; and
- in a "landmark" finding, $50,000 in punitive damages.