Jason Huang says he and three older relatives were simply trying to get back to Toronto last August when a routine check-in at the WestJet counter at Edmonton International Airport turned confrontational.
“The manager suddenly grabbed my phone,” Huang said. “I was shocked.”
The family was wrapping up a trip to Banff, Jasper and Calgary and had already checked in online and printed their boarding passes. But Juan says the WestJet agent at the check-in counter issued new tickets for a later flight—without explanation.
When Juan asked why they were no longer on the original plane, he replied that no one would give a clear answer. He continued to question the change and was told that the plane they were due to fly on had been reduced in size and some passengers, including his family, had to take off within a few hours.
Juan wanted to document this response so he could file it with his compensation claim, so he pulled out his phone and started recording audio.
A WestJet agent can be heard telling Juan that he will call the police if he does not stop recording.
When Juan refused, the agent told him, “You’re not flying today.”
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According to Huang, after a heated argument, the agent snatched his phone and tore up the group's boarding passes.
He remembers thinking, “I can’t believe this is happening in Canada.”
Juan says when his father tried to videotape the incident on his phone, the situation worsened.
In the video, the agent can be heard telling the group they have “no right” to record and “Get that phone.”own!”
Passenger Jingan Huang was recording his son's interactions with WestJet agents when one of the agents reached for his phone and incorrectly told him he couldn't record.
The agent then tried to grab that phone that This resulted in his 73-year-old father being hit in the eye, leaving it red and swollen, Juan said.
A lawyer for the Canadian Civil Liberties Association (CCLA) says what he saw in the video was alarming: because recording such interactions is completely legal in Canada.
“The situation will escalate,” Tamir Israel said. Director of the Privacy Surveillance Technology Program at CCLA, “unless airlines systematically address this issue and make sure that all of their [employees] I understand very clearly that in such situations it is impossible to limit recording.”
Juan later demanded compensation from WestJet in accordance with Air Passenger Protection Ruleswhich WestJet denied, so it filed a complaint with the Canadian Transportation Agency.
WestJet declined Go Public's request for an on-camera interview.
IN statementAn airline spokesperson wrote that the incident was “promptly investigated,” that the airline apologized to guests and that “internal reviews” would be conducted. WestJet declined to go into detail when asked what the sequel includes.
Disappointed Air Transat
Midhun Haridas and his wife Parvati Radhakrishnan Nair say they encountered a similar situation when they tried to fly back to Toronto from Punta Cana International Airport in the Dominican Republic in March 2024.
Haridas says the Air Transat boarding manager told them they were standing in the wrong check-in area, leading to some confusion about where they should stand. The agent got angry with them and said that he would not allow them to register.
Confused and upset, Haridas took out his phone to record the argument, but the agent demanded that he stop.
“Delete all photos and all check-in videos,” an Air Transat agent says in the video.
According to Haridas, as the flight time approached, he and his wife begged to be allowed to board the plane, but the agent ignored them.
They were eventually told they could only fly if they deleted the videos they recorded and signed a document saying they were disruptive and offensive.
The Air Transat employee told Haridas and his wife that they would not be able to board a flight home to Toronto from Punta Cana unless Haridas deleted the video of him from his phone.
“I said, ‘We are never going to sign anything false,’” Haridas said. “Never.”
The plane departed without them, forcing them to seek an alternative flight from another carrier that same day.
The judge's loud decision
When they returned home, Haridas addressed the group. Air passenger rightsand learned that he should file a small claims lawsuit.
As part of the lawsuit, Haridas provided his videos.
IN harsh decision, the judge said he was grateful for the existence of the recordings because they show “how terrible the customer service that [Haridas] received from the defendant corporation.”
It called Air Transat's behavior “egregious” and awarded the couple $7,000 after they were denied the opportunity to check in for their flight without explanation.
Air Transat declined an interview request but said in a statement statement he “regrets” that the experience “did not reflect the high standards of customer service that we maintain.”
The airline also said the person who prevented them from boarding “no longer works” on Air Transat flights, but did not say whether the employee resigned, was fired or transferred to another position.
Lawyer Israel says the video not only helped Haridas and his wife win their case, it was clear evidence that the airline had changed its story.
At the airport, an Air Transat employee said the couple would be able to board the plane if they deleted the video. But in court, the airline said the travelers posed a safety risk.
Having a record is useful, Israel said, “when there is serious disagreement about what might be going on, or when the airline might be making one excuse over another.”
What the law allows
The incidents involving Huang and Haridas are subject to Canada's “unilateral consent” rules.
According to Criminal Code A conversation can be recorded if at least one participant, such as the person recording, gives consent.
According to Israel, it is legal to record and use this evidence in a dispute because the passenger is recording the interaction with the service provider.
“You have your own consent to record this interaction, and that's all you need,” Israel said, adding that such recordings are often necessary when air passengers file claims.
Israel says he understands why some airline employees might be reluctant to sign up.
“No employee wants to be a meme,” he said, “or be exposed on the Internet as someone who did something wrong.”
Legal experts confirm to CBC Go Public that passengers have the right to record disputes with airline staff and that videos could help in further efforts to seek compensation. It comes after WestJet and Air Transat passengers said they were told they would not be able to board unless photos, videos and audio recordings of staff were deleted.
That's why he thinks airlines need to do a better job of training employees, especially as the holiday season approaches and travel-related disputes increase.
Huang also believes airline staff need better training. But until then, he said he wants travelers to know their rights.
“If it can happen to us, I think it can happen to anyone.”
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