An Ontario Superior Court judge has ruled against a confidentiality requirement that prevented air travellers from publicly sharing the outcomes of their complaints filed with Canada’s federal transportation regulator. The decision, issued Wednesday, found that the existing rule infringed upon Canadians’ constitutional right to freedom of expression under the Charter.

Since 2023, the Canadian Transportation Agency (CTA) had barred complainants and airlines from disclosing the results of passenger grievances—covering issues such as accessible travel and flight cancellations—unless both parties agreed to lift confidentiality. The measure, challenged on constitutional grounds, was intended to protect sensitive information and commercial interests.

Canada’s major carriers, including Air Canada, WestJet, Air Transat, and Jazz Aviation, alongside their industry group, opposed the legal challenge. They argued that maintaining confidentiality was vital to protecting passenger and employee privacy, safeguarding proprietary airline data, and preserving safety by encouraging candid reporting of issues without fear of increased financial liabilities.

However, Justice Charles Hackland, writing for the court, disagreed with these assertions. He found no compelling evidence that confidentiality was essential to the efficiency of the complaint adjudication process or to the protection of confidential materials. He further ruled that withholding complaint decisions and related documentation from the public violated the principle of open courts, including denying access to the media.

The constitutional challenge, launched by the advocacy organization Air Passenger Rights just over a year ago, sought to make tribunal rulings publicly accessible. The group’s president, Gabor Lukacs, characterized the confidentiality clause as a “gag order” that shielded airlines from scrutiny. He welcomed the judge’s decision as a mechanism to empower consumers and advocates by enabling transparency. Lukacs said the ruling would transform the complaints process from a “black box” into a system where evidence and authority behind airline responses could be examined publicly.

Industry representatives did not immediately respond to requests for comment.

The decision comes amid mounting concerns about the CTA’s growing backlog of unresolved passenger complaints, which recently approached nearly 100,000 cases, according to statements from federal officials. Transport Minister Steven MacKinnon labeled the backlog as “unacceptable” in May and outlined a new strategy to clear it. The plan includes engaging a neutral, third-party dispute resolution service to bring private sector efficiency to the process.

MacKinnon has emphasized the government’s commitment to bolstering enforcement measures, streamlining regulations, and holding airlines accountable for their obligations to passengers. The government also intends to remove confidentiality demands that place a burden on complainants, highlighting transparency as a core objective moving forward. Proposed changes include expanding the Canadian Transportation Agency’s authority to impose fines of up to CAD 1 million for systemic violations of the Air Passenger Protection Regulations.

The court’s ruling signals a shift toward greater openness in air travel dispute resolution and could prompt changes in how airlines and regulators manage passenger complaints in Canada.