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Winnipeg Free Press - PRINT EDITION

Pilot's alleged suicide threat not properly probed: judge

By: Andrew Duffy

Posted: 03/18/2010 1:00 AM | Comments: 0 (including replies)

OTTAWA -- The Federal Court has ruled flight attendants can refuse to fly with a pilot they believe to be suicidally depressed.

The decision stems from a court challenge from the union representing four Air Canada flight attendants who were told by the airline they did not have the right to refuse their assignments.

Court heard that on Aug. 24, 2008, Erick Brouillette and three co-workers refused to board a Paris-bound jet after a discussion with Hugh Bouchard, the in-charge flight attendant, who had booked off sick that evening after meeting the pilot.

Bouchard told Brouillette that on a previous flight, the same pilot had threatened to fly a plane into the Atlantic.

As a result, the four flight attendants refused to work, citing their rights under the Canada Labour Code, which protects employees from workplace danger.

The flight attendants who refused to work prepared a written explanation of their health and safety concern, which read: "Hugh Bouchard advised us that he had an inflight incident where the captain had threatened to ditch the plane in the Atlantic. Hugh said that the captain had said he had nothing to lose as he was being fired, anyway."

Replacements were found and the plane departed Toronto, landing in Paris without incident.

Transport Canada was advised of the situation on Aug. 24 and a federal health and safety officer was dispatched to investigate the circumstances of the work refusal.

The federal official refused to launch a formal investigation into whether an actual danger existed and concluded, based on her preliminary inquiry, that the flight crew had no right to refuse work that evening. She interviewed various people who knew the captain.

The union representing the flight attendants appealed the findings to the Federal Court of Canada, saying the official was obliged to do a full investigation. On March 3, Federal Court Judge John O'Keefe sided with the flight attendants' union.

Air Canada spokesman Peter Fitzpatrick said Wednesday there is no evidence that the pilot ever threatened to ditch a plane in the Atlantic, as alleged, in July, 2008. An extensive flight report characterized that incident as a "personnel conflict," and made no mention of such a threat.

Fitzpatrick insisted Wednesday that the safety of the flight was never compromised since there was no credible evidence that the captain had ever issued such a threat. The captain continues to work for the company.

-- Canwest News Service

Republished from the Winnipeg Free Press print edition March 18, 2010 A10

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