No, there is nothing to correct. What the commissioner said is exactly right. I can, however, add that it was the first time in the history of Canada that a decision had to be made as to whether the Montreal Convention or a quasi-constitutional act would have precedence.
It is the first time that the Supreme Court addressed the Montreal Convention, but it had twice before dealt with the previous convention, the Warsaw Convention. The Supreme Court relied a great deal on the decisions of all kinds of foreign courts, such as the United States Supreme Court, which had studied the application of the Montreal Convention in the context of their legal system. However, no decision had ever involved a quasi-constitutional act such as the one at issue. There was a type of legal void.