Manufacturer can no longer apply decisions of U.S. authorities when deciding requests for pilot training: Tribunal
Bombardier must pay $319,000 in damages to a Canadian of Pakistani origin after he was denied pilot training, the Quebec Human Rights Tribunal has ruled.
Authorities in the United States identified Javed Latif as a "threat to aviation or national security" and denied him training under an American licence in April 2004. Because of that decision, the Bombardier centre in Montreal denied Latif's request for training to fly a Challenger 604 under a Canadian licence that same year, according to testimony heard by the tribunal.
The tribunal found Latif was discriminated against based on his ethnic and national origin, and his right to the safeguard of his dignity had been compromised.
Bombardier never tired to find out whether Latif was a security risk for Canadians or avaiation and "never thought it useful to seek advice from Transport Canada or the Canadian Security Intelligence Service," said Judge Michele Rivet in her ruling.
The $319,000 penalty was for material, moral and punitive damages. A $50,000 assessment for punitive damages is the highest ever awarded by the tribunal.
The tribunal also ordered the Montreal-based aircraft and mass transportation manufacturer to stop applying or considering standards and decisions of American authorities relative to requests for pilot training under Canadian licences.
This is the first ruling to address the effects of U.S. security measures adopted since 9-11 and how they are applied in Canada, said Quebec Human Rights Commission president Gaeten Cousineau.
Bombardier is still reviewing the decision and hasn't decided if it will appeal, a spokesperson told CBC News.
However, Latif has undergone three training sessions at Bombardier's Montreal facility since 2008, when the American government said he was no longer a security threat.
During his 25-year career, Latif has trained under several American licences and has regularly flown through U.S. airspace.
