Decision No. 161-AT-A-2023
Application by Kathy Elder against Swoop regarding her disability-related needs
[1] Kathy Elder, who has post-traumatic trigeminal neuropathy and complex regional pain syndrome, filed an application with the Canadian Transportation Agency (Agency) against Swoop alleging that she faced a barrier to her mobility when Swoop refused to transport her for medical reasons on her return flight from Toronto, Ontario, to Edmonton, Alberta, on August 18, 2021. After Ms. Elder obtained a medical note, Swoop rebooked her on a WestJet flight that departed approximately five hours later.
[2] In Decision LET-AT-A-29-2022, the Agency found that Ms. Elder is a person with a disability and that she faced a barrier to her mobility in the manner that Swoop determined that she required a medical note to travel.
[3] In Decision LET-AT-A-18-2023, the Agency found that the barrier Ms. Elder faced is undue and, among other things, ordered Swoop to propose, for the Agency's approval, a policy that ensures efficient communication with passengers who disclose a medical condition on short notice and adequate assessment of their condition. As detailed in the Order section at the end of the decision, the policy should address the following:
• passengers disclosing a medical condition must be encouraged to describe their needs;
• the passenger's opinion about what, if any, accommodation is needed must be taken into account when determining suitability to travel;
• if requesting medical documentation from the passenger, Swoop personnel must explain why they find it necessary and what the documentation should address;
• Swoop personnel must share information with the passenger about relevant services that may be available to address the needs identified;
• Swoop personnel must maintain awareness of and sensitivity regarding accessibility issues, including invisible disabilities; and
• Swoop personnel must protect the dignity of passengers with disabilities, in part by holding any conversation concerning their medical conditions and needs in private, whenever possible.
[4] In Decision LET-AT-A-37-2023, the Agency reiterated that order and granted Swoop's request for an extension of time for all of its personnel referenced in subsection 16(1) of the ATPDR to complete training on the new policy, once approved.
[5] Swoop filed its response to Decision LET-AT-A-37-2023, including its proposed policy, on October 30, 2023.
[6] Swoop's proposed policy provides that, in the case of passengers at the airport disclosing or asking questions related to medical conditions, a Swoop employee is to speak respectfully and as privately as possible with the passenger about any accommodations required and services available. If Swoop's employee is concerned about the passenger's fitness to fly, they are to consult and follow the recommendations of MedLink, a medical advisory service. The policy further provides for MedLink to be able to speak directly with the passenger or to request medical documentation. If medical documentation is requested, the Swoop employee is to explain why the documentation is necessary and what the documentation should address.
[7] The Agency notes that Swoop's proposed policy appears to address the criteria set out in Decision LET-AT-A-18-2023 and to reduce the type of difficulties experienced by passengers in circumstances like Ms. Elder's. However, the Agency also notes that the policy contains concerning elements such as the use of insensitive terminology — for example, a reference to passengers who "suffer" from a medical condition.
[8] While the insensitive terminology would generally have to be corrected before the Agency would approve of a policy such as this, the Agency accepts that Swoop no longer operates an air service, having surrendered its licence on October 31, 2023. With Swoop not in a position to implement any policies, the Agency can take no further action.
[9] Accordingly, the Agency concludes the proceedings and closes the file.
Legislation or Tariff referenced | Numeric identifier (section, subsection, rule, etc.) |
---|---|
Canada Transportation Act, SC 1996, c 10 | 172(1) |
Member(s)
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