7 up in Quebecois is 7 UP + $12,000

[Guest Peeves]

http://fullcomment.nationalpost.com/2011/07/14/barbara-kay-michel-thibodeau-needs-a-case-of-7up-and-to-grow-up/

On Wednesday the Federal Court of Canada ordered Air Canada to pay Mr Thibodeau $12,000, in part because in 2009, when he asked an English- speaking flight attendant for a 7 Up, he got a Sprite instead. That was only one of many other humiliations suffered by Mr Thibodeau and his wife Lynda in 2009 alone. There were occasions when they were not served in French at airports in Toronto, Ottawa and Atlanta (although they were evidently able to manage in English everywhere else in that town, unless they brought their own interpreter). They also complained about lapses in French-language services aboard Air Canada Jazz flights between Canada and the U.S.

Edited July 15, 2011 by Peeves

[Black Dog]

You missed the best part:

The Thibodeaus know their way around language-rights suits. This is not their first win. When he was refused service in French while ordering a 7 Up on a 2000 Air Ontario flight from Montreal, he filed suit in Federal Court for $525,000 in damages (imagine how painful the sound of the English language must be to demand a half million dollars for suffering).

Nice little scam this guy has going.

[cybercoma]

From the CTV article http://ottawa.ctv.ca/servlet/an/local/CTVNews/20110714/OTT_Air_Canada_French_110714/20110714/?hub=OttawaHome :

< "Canada is an officially bilingual country and Air Canada is bound by the Official Languages Act. If it doesn't respect the Act than of course that will fuel the secessionism movement in Quebec and we don't want that to happen," said Michael Behiels, a constitutional historian. > (my emphasis)

Canada is not officially bilingual. This Constitutional historian is missing a very key point about the languages act: Canada has two official languages, which is not exactly the same as being officially bilingual.

[cybercoma]

Having said that, though, I agree entirely with this sentiment:

< "If you want to flip that aside, just imagine there was a flight from Toronto to Ottawa and only one flight attendant, and that flight attendant only spoke French on the flight. Anglophones would be pretty ticked off at that and would probably tell Air Canada: 'Look we have a right to be served in the language of our choice.'" >

[Tilter]

If Quebecaire had been the culprits in the same kangacourt the Francaphony judge would have said--- Tough shit Anglo--- be happy or we'll secede from this very unfair country.

This is the case of someone bleeding the system. He is Bilingual, understood the instructions & by the way, this is his 3d award in court for the same trumped up stupidity. He should have been counter charged with filing a nonsense charge & tying up the court's time over a triviality.

If I had filed a lawsuit for every time that a clerk (in a store or a governmental facility) had failed to serve me in English while I lived in Quebec I would now be living as the owner of one of the main Hawaiian islands.

Oh, I forgot--- in this land of Bilingual equality the law is one way only--- coddle those poor downtrodden Francophones.

Edited July 15, 2011 by Tilter

[Tilter]

Having said that, though, I agree entirely with this sentiment:

< "If you want to flip that aside, just imagine there was a flight from Toronto to Ottawa and only one flight attendant, and that flight attendant only spoke French on the flight. Anglophones would be pretty ticked off at that and would probably tell Air Canada: 'Look we have a right to be served in the language of our choice.'" >

But they would never have collected 12,000 bux for the imagined insult.

[Remiel]

Do Air Canada flights even have both 7-Up and Sprite? That would certainly make them different then most restaurants. Besides, even speaking the same language does not mean you are never served something you did not ask for. That has certainly happened to me a couple of times.

The court ought to throw this out.

[Black Dog]

Canada is not officially bilingual. This Constitutional historian is missing a very key point about the languages act: Canada has two official languages, which is not exactly the same as being officially bilingual.

You are going to have to explain that one.

Having said that, though, I agree entirely with this sentiment:

"If you want to flip that aside, just imagine there was a flight from Toronto to Ottawa and only one flight attendant, and that flight attendant only spoke French on the flight. Anglophones would be pretty ticked off at that and would probably tell Air Canada: 'Look we have a right to be served in the language of our choice.'"

Personally I'm not quibbling over the right to be served in the language of one's choice. The problem is with someone exploiting that legal obligation for personal gain. The guy is bilingual after all.

[g_bambino]

Air Canada is bound by the Official Languages Act.

How is that so? I thought Air Canada was now a private organisation. The Official Languages Act applies to the federal Crown and its offices and holdings, like Crown corporations.

[cybercoma]

But they would never have collected 12,000 bux for the imagined insult.

Speculation.

You are going to have to explain that one.

Canada's not bilingual. We're not required to speak both official languages. The only thing that's required to be bilingual are federal institutions. The country has two official languages and is not itself bilingual. The New Brunswick is the only bilingual province in the country. The provincial government is bilingual and they make every effort to educate children bilingually as well.

Personally I'm not quibbling over the right to be served in the language of one's choice. The problem is with someone exploiting that legal obligation for personal gain. The guy is bilingual after all.

I absolutely agree that he shouldn't be exploiting their legal obligation for personal gain. However, they still have that obligation and were not meeting it. He noticed them doing something illegal and chose to do something about it.

How is that so? I thought Air Canada was now a private organisation. The Official Languages Act applies to the federal Crown and its offices and holdings, like Crown corporations.

I really don't know. If the judge ruled in this person's favour and Air Canada is not bound by the Official Languages Act, then they ought to be appealing. I can't, however, see a judge being that grossly negligent in her decision and I haven't actually read all the particulars about the case to know.

[Black Dog]

Canada's not bilingual. We're not required to speak both official languages. The only thing that's required to be bilingual are federal institutions. The country has two official languages and is not itself bilingual. The New Brunswick is the only bilingual province in the country. The provincial government is bilingual and they make every effort to educate children bilingually as well.

Well, that's what official bilingual means.

I absolutely agree that he shouldn't be exploiting their legal obligation for personal gain. However, they still have that obligation and were not meeting it. He noticed them doing something illegal and chose to do something about it.

I'd argue he created a situation he could take advantage of. Also, if only the federal government is obligated to provide services in both languages, how is it illegal for Air Canada, a private company, to fail to do so?

I really don't know. If the judge ruled in this person's favour and Air Canada is not bound by the Official Languages Act, then they ought to be appealing. I can't, however, see a judge being that grossly negligent in her decision and I haven't actually read all the particulars about the case to know

I expect its worth more to Air Canada to let this go away. $12,000 is probably one lawyer's week's work.

[Boges]

Honestly if I ever met this Michelle Frogface guy in real life I'd want to fight him.

What an absolute Dooshnozzle!

This is exhibit A on why people in most of Canada hate the French.

Shame on the Justice system for placating this piece of crap.

[August1991]

Nice little scam this guy has going.

I agree. Maher Arar is another example, and the list is growing. People find a way to extract money from taxpayers because some bureaucrat made a mistake. (Here's a suggestion as a first approximation: let's take such judicial rewards out of the salaries of bureaucrats - not taxpayers. For example, when an RCMP officer tasers/kills an innocent foreign tourist and the family successfully sues, all RCMP officers should pay the judgment from their salary. At least then, there may be some connection between the payment and undue behaviour and the settlement might be an incentive.)

If by accident I drive across your lawn and destroy your garden, should the neighbours on my street pay you compensation for my mistake?

You are going to have to explain that one.

Giggle.

Canada's not bilingual. We're not required to speak both official languages. The only thing that's required to be bilingual are federal institutions.

But presumably, Air Canada is a federal "institution".

----

If a cereal box is not bilingual, then the cereal company will presumably forfeit sales among either francophone or anglophone Canadians. Would Ikea be a successful business if it offered its instructions around the world in detailed English only?

Airlines, particularly Air Canada, exist because of government whimsy.

Air Canada has an obligation to provide service in both official languages.

Edited July 15, 2011 by August1991

[Black Dog]

I agree. Maher Arar is another example, and the list is growing. People find a way to extract money from taxpayers because some bureaucrat made a mistake.

Yup. Getting the wrong brand of pop is exactly the same thing as being deported and tortured.

Here's a suggestion as a first approximation: let's take such judicial rewards out of the salaries of bureaucrats. At least then, there may be some connection between the payment and undue behaviour.)

How would punishing these people on an individual basis make the institution they serve accountable? Hint: it wouldn't.

If a cereal box is not bilingual, then the cereal company will forfeit sales among francophone Canadians. Airlines, particularly Air Canada, exist because of government whimsy.

Air Canada has an obligation to provide service in both official languages.

Air Canada is a private corporation.

Edited July 15, 2011 by Black Dog

[TimG]

Air Canada is a private corporation.

Does WestJet provide bilingual service on all flights all of the time? How about Porter Air and Air Transat?

I know that none of the foreign carriers offer a guarantee of French (except Air France).

Edited July 15, 2011 by TimG

[g_bambino]

I really don't know. If the judge ruled in this person's favour and Air Canada is not bound by the Official Languages Act, then they ought to be appealing. I can't, however, see a judge being that grossly negligent in her decision and I haven't actually read all the particulars about the case to know.

I wonder if it has something to do with the amount of money Air Canada still receives from the federal government, which I don't believe other carriers get.

[August1991]

Yup. Getting the wrong brand of pop is exactly the same thing as being deported and tortured.

That's my point, BD. These settlements are an invitation to further mayhem.

How would punishing these people on an individual basis make the institution they serve accountable? Hint: it wouldn't.

It would be better than having anonymous taxpayers pick up the tab.

Air Canada is a private corporation.

... that enjoys State-granted privileges.

----

Let's look at this another way. Would Air Transat, Westjet or Porter (airlines that all serve destinations in Quebec and/or New Brunswick) accept this kind of negative PR flack? Or would they have settled out of court, and changed their procedures?

Then again, maybe such events never happen on Air Transat, Porter and Westjet flights.

Edited July 15, 2011 by August1991

[M.Dancer]

I thought 7UP in frnch was 7UP...and Sprite was...Sprite?

[Black Dog]

That's my point, BD. These settlements are an invitation to further mayhem.

Some are, some aren't. Arar was a terrible example as only the most nutty of wingnuts would consider that a nuisance suit.

It would be better than having anonymous taxpayers pick up the tab.

How? It would destroy the lives of individuals forced to take on the burden of the settlement, wouldn't correct any institutional issues and would completely fail to prevent such suits from taking place. Congratulations: you've found the worst solution to a problem ever.

... that enjoys State-granted privileges.

Like? The question is simple: is Air Canada mandated by law to provide service in both official languages? This decision would suggest that, but I'm not is sure it's so.

Let's look at this another way. Would Air Transat, Westjet or Porter (airlines that all serve destinations in Quebec and/or New Brunswick) accept this kind of negative PR flack? Or would they have settled out of court, and changed their procedures? Then again, maybe such events never happen on Air Transat, Porter and Westjet flights.

Maybe this guy hasn't got around to taking those airlines yet since he's got such a sweet gig going milking Air Canada.

[WWWTT]

This case has more to do with someone taking advantage of legal loopholes instead of a French vs. English thing.

I remember when the Skydome(Rogers centre)was being built.A contest was held to choose a name.It was a no-brainer at the time that the name would be sky-dome since it had a retractable roof.Someone took a patent on the name and bingo!750 000$ settlement!

I'm pissed off because I didn't think of doing it!

WWWTT

[noahbody]

I thought 7UP in frnch was 7UP...and Sprite was...Sprite?

Air Canada doesn't even serve 7UP. Their beverage contract is with Coke.

[Guest Peeves]

Does WestJet provide bilingual service on all flights all of the time? How about Porter Air and Air Transat?

I know that none of the foreign carriers offer a guarantee of French (except Air France).

I don't think Porter does.

The matter of 'requirements' aside, if this attitude persists, certainly it causes conflict between the French and the rest of our country, and will certainly win 'them' no friends.

[pegasus]

There were occasions when they were not served in French at airports in Toronto, Ottawa and Atlanta

There were occasions they were not served in French in Atlanta? Its amazing they got served at all in French in Atlanta.

[August1991]

There were occasions they were not served in French in Atlanta? Its amazing they got served at all in French in Atlanta.

To cite one example, I have flown from Orlando to Montreal - on an American airline - and I was served in (admittedly accented, hesitant) French.

Why? I suspect the American airline knew its market.

Anyone that wants to succeed across Canada offers their good/service in both French and English.

----

The situation of Air Canada is different.

[Smallc]

I wonder if it has something to do with the amount of money Air Canada still receives from the federal government, which I don't believe other carriers get.

What do they get? I wasn't aware of anything. There are several terms that were agreed to when the company was privatized. One is adherence to the Official Languages Act, one is that they had to keep certain operations in Winnipeg and Montreal (there is a lawsuit in Manitoba over this right now), and another is that they have to keep flying to certain places that may not be profitable (if Air Canada gets money, it's probably for these things, I suppose).