Obese, disabled will get two seats for one fare in Canadian carriers

Canada’s highest court has upheld a ruling that obese and disabled people have the right to two seats for the price of one seat on domestic flights.

The Supreme Court of Canada, the highest court of Canada, rejected an appeal by the Canada-based airlines that opposed giving two seats for the price of one to people who are disabled or functionally obese.

The original ruling came from the Canadian Transportation Agency, which had argued that airlines were discriminating against some passengers – who are either obese or need the space for a wheelchair – by charging them an extra fare for taking more space.

The Canadian Transportation Agency is an independent, quasi-judicial tribunal that makes decisions on many economic matters relating to federally regulated modes of transportation (air, rail and marine).

The Supreme Court’s ruling, which takes effect in January 2009, means that obese people will now be charged only one fare, and if a disabled person needs an attendant to travel with them, that attendant can travels free of charge.

The ruling by Canada’s highest court has put an end to a six-year battle by disabled travellers to secure two seats for the price of one if they need in-flight attendants. Obese people can also qualify if they are too big to fit in a single seat.

The case began in 2002, when Neubauer, Eric Norman, and the Council of Canadians with Disabilities launched a complaint with the Canadian Transportation Agency. Norman, who died two years ago, used to travel to Toronto for cancer treatment. He had paraplegia and required an attendant for air travel. Neubauer, who said she seldom flies because the cost of two tickets is exorbitant on a fixed income, needed an attendant to help with everything from boarding to visiting the bathroom.

Air Canada and WestJet Airlines had appealed to the Supreme Court to reconsider the decision taken by the Canadian Transportation Agency. The Canadian Transportation Agency had given the two carriers one year’s time to implement the new policies in the absence of being able to show that a “one-person, one-fare” structure would cause undue hardship.

Air Canada, Canada’ss largest airline and the nation’s flag carrier, has its corporate headquarters in Montreal, Quebec. It provides scheduled and charter air transportation for passengers and cargo as well as vacation packages.

The low-cost ariline WestJet Airlines, based in Calgary, Alberta, Canada, flies to most major cities in Canada and also serves destinations in the United States, Mexico and the Caribbean. WestJet Airlines is the second-largest Canada-based  carrier behind Air Canada.

In a statement, the Canadian Transportation Agency explained: “The airlines must develop procedures to assess eligibility. The free seats need not be provided to obese people who are merely uncomfortable in their seats or are not disabled by their size. The airlines also do not have to make allowances for disabled people who prefer to travel with a companion for personal reasons or those who require care on the ground but not in the air. The agency is leaving it up to Air Canada and WestJet Airlines to develop their own screening policies.”

Aviation analysts point out “a potential sticking point” in the Canadian Transportation Agency’s decision – how to determine when obesity is a disability.

The agency has recommended that the Canada-based airlines adopt a policy used  by Southwest Airlines, based in Dallas, the United States, which gives a free seat to people who are too big to lower their armrest.

The Canadian Transportation Agency has estimated that it would cost Air Canada an additional $7.1 million annually to change its rules and West Jet would cost an extra $1.5 million, adding 77 cents to each ticket sold by Air Canada and 44 cents for a West Jet fare.

The Canadian media quoted the Canada-based airlines as saying that their costs would be significantly more that what the Canadian Transportation Agency estimated “since the policy would be abused.”