OTTAWA - July 12, 2001 - The Canadian Transportation Agency (the Agency) will hold a hearing in Calgary commencing on September 24, 2001 to determine whether obesity is a disability for the purpose of the Canada Transportation Act. The Agency is examining this issue following a complaint filed by Linda McKay-Panos against Air Canada. The issue of obesity as a disability is complex and has not been determined conclusively in Canada.

Because the Canada Transportation Act does not provide a definition of disability, the Agency must decide the matter on a case-by-case basis. The hearing will allow the Agency to gather expert testimony on the issue of obesity as a disability and to have this evidence tested.

In view of the fact that no advocacy organization emerged to argue the position that obesity is a disability, the Agency has appointed Peter Engelmann to act as an amicus curiae (an independent individual). During the hearing, Mr. Engelmann will be responsible for presenting the evidence that supports the contention that obesity is a disability. This evidence will be open for challenge by Air Canada which will have an opportunity to present its arguments and evidence on the issue.

After the conclusion of the hearing, if the Agency concludes that obesity constitutes a disability for the purposes of the Canada Transportation Act, it will then focus on the individual details of a complaint filed by Linda McKay-Panos to determine if she experienced undue obstacles resulting from her obesity.

The issue of obesity as a disability is relatively new for the Agency. The Agency has been actively examining this issue since the filing of a complaint by Ms. McKay-Panos against Air Canada. Ms. McKay-Panos' complaint concerns the seats provided by Air Canada in its aircraft and the air carrier's policy of charging 1.5 fares to a person who requires two seats to accommodate his/her obesity.

Prior to this complaint, the Canadian Transportation Agency had never received a complaint concerning obesity. Since then, the Agency has received two other complaints from passengers who are obese and who were dissatisfied with the air carrier's policy. The Agency has decided to stay its investigation of the new complaints until the conclusion of the upcoming hearing.

The Canadian Transportation Agency is an independent, quasi-judicial administrative tribunal which among other things, has jurisdiction over the mobility of persons with disabilities in the federally-regulated transportation network. Its mission is to administer transportation legislation and government policies to help achieve an efficient and accessible transportation system. The Agency's procedures are governed by the rules of natural justice which ensure that all parties receive fair and equitable treatment.

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For more information, please contact:

Michel Hébert
Director of Communications
Canadian Transportation Agency
(819) 953-7666

 

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The Canadian Transportation Agency (the Agency) will be examining the issue of whether or not obesity is a disability under the Canada Transportation Act (the Act). This is a complex issue which has not been determined conclusively in Canada. The Agency will be holding a hearing in Calgary starting on September 24, 2001 to examine the issue.

The process arises from a complaint received from Linda McKay-Panos concerning the seats provided by Air Canada in its aircraft and the air carrier's policy of charging 1.5 fares to a person who requires two seats to accommodate his/her obesity. The purpose of the hearing is to gather expert evidence on the issue of obesity as a disability and have this evidence tested.

The Canada Transportation Act does not define the term disability. In its administration of the Act, the Canadian Transportation Agency therefore must render a decision on a case-by-case basis. Before rendering its decision, the Agency must fully examine the issue. The Agency's decision on this matter may have a substantial impact on the interested parties, namely persons who are obese and the federal transportation network.

In view of the fact that no advocacy organization emerged to argue the position that obesity is a disability, the Agency has appointed Peter Engelmann to act as an amicus curiae (independent individual) to present this side of the issue. Air Canada will have the opportunity to challenge this evidence and present its arguments.

After the conclusion of the hearing, if the Agency decides that obesity is a disability for the purposes of the Act, it will then move to the next issues and focus on the individual details of the complaint filed with the Agency by Ms. McKay-Panos. The next phase of the process will determine if there were one or more obstacles to the mobility of the complainant, Ms. McKay-Panos. If it is determined that this is the case, the Agency will then establish if the obstacle(s) described in the complaint filed with the Agency were undue.

Prior to Ms. McKay-Panos' complaint, the Agency had never received a complaint concerning obesity. Since then the Agency has received two other complaints from passengers who are obese and who were dissatisfied with the air carrier's policy pertaining to them. The Agency has decided to stay its investigation of the new complaints until the conclusion of the upcoming hearing. Once a decision has been rendered on this issue in the context of Ms. McKay-Panos' complaint, the Agency will address the other complaints.

Ms. McKay-Panos' complaint was filed in November 1997. In May 1998, the Agency appointed an agency staff person to act as an inquiry officer to report on the matter. An interim report was filed in April 1999 and the parties concerned were invited to comment on it. After a thorough analysis of the report and the comments, the Agency determined that the interim report was not convincing as to whether obesity should be considered a disability and that the conclusions and recommendations contained in the report were not adequately supported. Therefore, no further work was undertaken by the inquiry officer and the conclusions and recommendations contained in the interim report have not been adopted by the Agency. After having examined different options that were available in order to render a fair decision, the Agency has now decided to hold a hearing to provide an open opportunity for the evidence on this issue to be gathered and tested.

The Agency recognizes that the issue could have repercussions on the federally-regulated transportation network, including costs, facilities and revision of policies. The Agency is ensuring that representatives from both sides of the issue have an equal opportunity to provide evidence to support their positions. The hearing process ensures that the transportation industry, and in this case, the air carrier, and the proponents of the position that obesity is a disability, are given an impartial venue, free of preconceived notions and biases in order to facilitate a fair decision.

The Canadian Transportation Agency is an independent, quasi-judicial administrative tribunal which among other things, has jurisdiction over the mobility of persons with disabilities in the federally-regulated transportation network. Its mission is to administer transportation legislation and government policies to help achieve an efficient and accessible transportation system. The Agency's procedures are governed by the rules of natural justice which ensure that all parties receive fair and equitable treatment.

For more information, please contact:

Michel Hébert
Director of Communications
Canadian Transportation Agency
(819) 953-7666