Ruminations

Blog dedicated primarily to randomly selected news items; comments reflecting personal perceptions

Thursday, July 14, 2011

Language Violations

Finally, a true Canadian hero. Someone who will stand up to the bullying of our national airline. Someone, it would appear, who has discovered an inner talent in these difficult economic times, of identifying alternate sources of income. Just get outraged, so damn mad that you simply won't take it any more, and threaten a lawsuit. Better yet, launch a lawsuit. You might win.

Go for it big time. You've a legitimate grievance, be innovative and forward-looking; you have suffered a grave injury and dammit, someone's got to pay for your suffering. So none of this placebo stuff, of a nominal sum in damages, just to make a point. Those guys have got to learn that they cannot simply do as they wish, with their eye on the bottom line.

Customer satisfaction, they never heard of that? In an industry geared to service and delivery? Give us a break. So none of this low-balling the extent of the anguish suffered by francophones unable to get service in the language of their choice, as guaranteed by the laws of this country. This is, after all, an officially bilingual country. Needs and expectations must be met.

Unequivocally. No arguments, no equivocation, service in French, and that's that. So if a flying customer on Air Ontario orders a 7-Up from a sadly unilingual flight attendant and she brings along a (shudder) Sprite instead, the depth of the insult must be recognized and she should either grovel in sincere apology or resign her position on the spot.

Failing that, a man with the courage of his convictions, completely outraged at the shabby treatment he and his wife received on four occasions in 2009 travelling via Air Canada, decided to sue in Federal Court for $525,000 in damages. And didn't that make those bounders sit up and take notice?

All the more so when Michel Thibodeau's arguments details the extent of the suffering he and his wife experienced as a result of not one attendant on those flights from Toronto to Atlanta, for example, would respond to his queries in French. For heaven's sake! This is Canada, officially bilingual Canada, and every francophone has a right to receive service in their language of choice.

Let's face it, what Mr. Thibodeau and his wife Lynda experienced was absolutely intolerable. Unfair, unjust and the height of bad, bad manners. No one should be subjected to such a situation.
"When I boarded the plane at 11:00 a.m., I said hello to the flight attendant. She replied in English. I asked her whether she spoke French, and she said 'no' in English. She said that there was no service in French. So, no active offer of services in French, and no service in French on that flight.
"I asked her name as I was going to file a complaint about the lack of service in French."
The Official Languages Act is there for a purpose. Surely it qualifies as a gross abuse of human rights not to acknowledge that? And how insulting and mean-spirited and a gross violation that there was no translation available for on-board announcements! On one flight there was a bilingual attendant and she failed to translate duly...!

But guess what, every dogged pursuit of honest retribution has its day. And Mr. Thibodeau, to our great relief, had his. The court ruled a breach of duty on the part of Air Canada, awarding the Thibodeaus $6,000 each representing $1,500 for each breach of the law (plus costs). Of course the Thibodeaus thought that was inadequate, but life's so unfair sometimes....

There are other awards, somewhat mollifying, when one's stalwart courage is duly noted and this rights crusader who found words (almost) inadequate to describe the hurt he received characterized the service given him as "malicious, oppressive and reprehensible". Leading Justice Marie-Josee Bedard to write:
"The applicants' language rights are clearly very important to them and the violation of their rights caused them a moral prejudice, pain and suffering and loss of enjoyment of their vacation."
This man's battle on behalf of language rights was also honoured by the French-language rights group, Imperatif francais.

Alas, the court dismissed the claim for $500,000 in exemplary and punitive damages. But did castigate Air Canada for its laxity in proffering the required services. The airlines has promised to behave far, far better in future.

Now perhaps some personage of note will take the initiative and nominate Mr. and Mrs. Thibodeau for the Order of Canada?

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