Air Canada says she was being ‘loud, demanding and unruly.’ She says she was being stereotyped. Here’s what the human rights tribunal heard

Will be interesting to see how the Tribunal rules. Incident dates from 2018 and don’t know whether the delay is normal for the Tribunal. As a business class passenger, she would have access to shorter check-in and boarding lines. As an DEI academic and activist, Francis would likely be more aware and sensitive to perceived discrimination and stereotypes:

It’s not an uncommon scene at any busy airport: A passenger needs help and approaches an airline agent who may come across as rude.

But what happened to a Jamaican Canadian at Vancouver International Airport on March 1, 2018 — as described last week over a five-day hearing at the Canadian Human Rights Tribunal — has highlighted the stark contrast in how a Black woman and airline staff viewed their encounter seven years ago.

The case of alleged discrimination for “Flying while Black” will test how far the Canadian Human Rights Act can go in awarding damages to air travellers for discrimination. Claims against carriers are governed by the Montreal Convention, an international pact that’s a standard liability regime for death and injury, damage or loss of baggage and flight delay only.

Business-class passenger June Francis had had her knees replaced six months before a trip to Toronto. She approached an Air Canada check-in agent for help amid an exceptionally long lineup, the tribunal heard.

She testified that the agent cut her off before she could request an accommodation, yelled at her and told her to “get in line.” Unsuccessful in getting the agent’s name or identification number, she took photos of the agent with her cellphone for identification so she could complain to Air Canada.

Francis, who is five-foot-10, was described as “loud,” “demanding” and “unruly,” the tribunal heard from Air Canada. A supervisor and security guard were dispatched and demanded that Francis delete the photos, or else she would be refused boarding.

Francis testified that the supervisor said to her, “I can see why you are a problem. You do not take directions. I can see why you were treated that way.” 

“It was a very demeaning comment,” Francis said. “It suggested that I needed directions from people to know how to behave.”

The now 70-year-old woman — a Simon Fraser University business professor and a King Charles III Coronation Medal recipient for her anti-racism work — said she felt afraid when she saw the airport security guard.

“I was shaken,” she testified. “I had done nothing wrong. I am a Black woman … I know what has happened from my community when law enforcement arrives.”

On the witness stand, the agent, later identified as Betty Liao, described Francis as rude and aggressive, but denied yelling at her to get in line or that the complainant ever mentioned her physical needs. She also testified she did not remember if Francis asked for her name or identification number to file a complaint, or if she refused. 

Liao did remember telling Francis to stop taking photos of her, and told the tribunal she felt unsafe. “This is too intimidating,” testified Liao, who is five feet tall. “And I have no right to say no?”

In laying out the complaint at the hearing, Francis’s lawyer Sujit Choudhry said this is the first case of flying while Black to reach a full hearing before the tribunal.

“Professor Francis, a grandmother, (then) 62-year-old, recovering from a knee surgery, posed no threat,” he told the tribunal….

Source: Air Canada says she was being ‘loud, demanding and unruly.’ She says she was being stereotyped. Here’s what the human rights tribunal heard