Canada’s Airlines Accused of Discrimination

WestJet and Air Canada accused of racism and transphobia in separate incidents

Canadian airlines WestJet and Air Canada have been accused of discrimination against passengers in two separate cases. In one instance, two Aboriginal women were prevented from boarding a flight due to a lack of adequate identification. In a second, two Toronto-based transgender artists have claimed that flight attendants made transphobic remarks towards them.

Two Aboriginal women, Gail and Joyce Nepinak, were not permitted to board an Air Canada flight from Winnipeg because they did not have adequate identification. They were traveling to Ottawa and were scheduled to testify before a House of Commons special committee on missing and murdered Aboriginal women. Neither of the Nepinaks had driver’s licenses or passports, which is a common issue for northern Aboriginal people.

Manitoba Member of Parliament Niki Ashton, who represents the Churchill riding for the NDP, was traveling with the two women and has publicly spoken about the incident. She stated that this episode is an example of the systemic discrimination Aboriginal people face in their daily lives. She has also said that the House of Commons is accountable, for it did not confirm that the women had proper ID before booking their flights.

Air Canada has issued an apology over the incident but maintains that the airline was simply obeying the law. All passengers are required to have at least one piece of government issued photo ID including their name, birth date and gender, or two pieces of government issued non-photo ID. Both women presented their health cards, bank cards, electronic boarding passes and government issued invitations to the airport, as well as having MP Ashton vouch for them; however, this documentation was considered insufficient. Ashton asked to speak to an Air Canada manager at the time but the request was never fulfilled.

The women were invited to testify in Ottawa as relatives of Tanya Nepinak, who went missing in September of 2011. Serial killer Shawn Lamb allegedly murdered the 31-year-old. Winnipeg police charged Lamb with second-degree murder for her death, but the charges against him were stayed in November after it was decided there was insufficient evidence to support a conviction. The Nepinaks were one of six families invited to testify before the committee for the first time. Fourteen individuals made it to Ottawa.

The second incident occurred on a WestJet flight from Toronto to Edmonton involving two transgender women. Toronto-based artists Lexi Sanfino and Nina Arsenault allege that a flight attendant made transphobic remarks towards them, saying, “You guys have to teach us how to do our makeup. You know, because you used to be guys, right?” Sanfino, in response, strutted down the aisle topless as protest. Flight attendants then covered her with a blanket, returning her to her seat and expressing concern about child passengers.

The RCMP greeted the two passengers when they landed in Edmonton, arresting Sanfino. Arsenault attempted to film the arrest but was also apprehended when she refused to turn off her camera. Both women were later released. Sanfino was charged with causing a disturbance and Arsenault was released without charge.

The women say that they faced discrimination from RCMP officers who deleted photos and video from their camera, referred to them with male pronouns, and threatened to throw them in jail with men. An officer even allegedly questioned Arsenault about whether she had undergone sex change surgery.

Arsenault has stated about her friend’s actions: “Let’s face it: if you’re legally male, it’s not even illegal to remove your top. I think that was the politics [Sanfino] was exposing. If you’re gong to treat me like a male, then I’ll put this in your face. Which begs the question: now am I?”

When the pair tried to board a flight back to Toronto they discovered there was a red code on their files saying they could not board. As a result of the incident they have been barred from commercial flights with WestJet and Air Canada. WestJet spokesman Robert Palmer said “These sanctions arise from their conduct on the flight in question and are imposed under the authority of our local domestic tariffs.”