Air Canada sued over language dispute
Row over soft drink: Bilingual passenger claims he was not served in French
Ron Corbett
Ottawa Citizen
03-08-2002
OTTAWA - A federal government employee is suing Air Canada for more than $500,000 because he could not order a 7-Up in French.
Michel Thibodeau, a 34-year-old computer technician with the House of Commons, filed the lawsuit in federal court yesterday. The lawsuit asks for a public apology from Air Canada and regional carrier Air Ontario, plus $25,000 in damages, $500,000 in punitive damages.
"I am not asking for a right here, I am exercising a right I already have," Mr. Thibodeau said shortly after filing his lawsuit.
The Commissioner of Official Languages has already investigated Mr. Thibodeau's complaint against Air Canada and ruled in his favor in January. The commissioner investigated for 16 months before ruling Mr. Thibodeau, who is fluently bilingual, was unable to use French to order a 7-Up while he was a passenger on a Montreal to Ottawa flight on Aug. 14, 2000.
The 7-Up dispute became so heated that Air Canada called the Ottawa-Carleton police to interview Mr. Thibodeau when the plane landed. No charges were filed and there was no formal police investigation.
"Because I tried to get service in French from Air Canada, they phoned the cops on me," says Mr. Thibodeau.
According to the written decision of the Official Languages Commissioner, problems developed as soon as Mr. Thibodeau and his wife boarded the Air Ontario flight when Mr. Thibodeau said "Bonjour" to the flight attendant and she answered in English.
Shortly after takeoff, the flight attendant began beverage service. Mr. Thibodeau, speaking French, ordered a 7-Up and the flight attendant told him she did not understand. Mr. Thibodeau repeated the order in French. The flight attendant continued to say she couldn't understand, and eventually an off-duty flight attendant came over to interpret.
The off-duty flight attendant eventually served Mr. Thibodeau a Sprite. Mr. Thibodeau then asked to speak to the captain. He made the request several times, yelling it at least once, at which point the captain called the Ottawa police and asked them to meet the plane when it landed.
Mr. Thibodeau says he wants Air Canada to apologize for not offering services in French. He also wants the airline to implement recommendations made by the Official Languages Commissioner after it investigated his complaint.
Those recommendations included spot-checks of flight attendants -- to ensure they are bilingual -- as well as an "action plan" to ensure services are offered in both official languages on all flights of "significant demand."
Mr. Thibodeau says his monetary demands will have to be met as well. "I don't think I will settle this without some sort monetary compensation," says Mr. Thibodeau. "I had the cops called on me. I don't think Air Canada will ever take this seriously until they get hit in the pocketbook."
Source: Ottawa Citizen
Thibodeau v. Air Canada (F.C.), 2005 FC 1156, (2005), [2006] 2 F.C.R. 70 - August 24, 2005