Mr. Speaker, we have a clearer picture this time around as to where the government is going to stand on this particular issue.
It is obvious it will not be supporting Bill C-459. That is a little different from the position it took in the past. Members of the House who have been around for a little while will recall that this is not the first time this issue has come forward. I am not speaking about the efforts of Mr. Jim Maloway, consumer protection advocate, who did a great job introducing a bill in a previous Parliament. He is not here today, but his bill is being echoed in the current mover's presentation.
There was an earlier attempt to provide consumer protection for airline passengers, and that occurred in 2008. In May 2008, I submitted a motion for consideration by this House, that the House call upon the government to enact an airline passenger bill of rights similar in context and form to that presented to the European Union Parliament and passed, and also similar to legislation before the U.S. Congress at that time.
That motion would have put statutory effect to airline passenger rights. Now, the interesting thing is that the government was all for it, on its face. While the government suggested it was in support of enhancing and protecting airline passenger rights, it was doing something very different on the inside. What the government was doing was contacting its buddies, and this was only revealed through access to information.
The government members voted 100% in favour of the motion to enact legislative, statutory protections to airline passengers. The Minister of Transport voted in favour of doing that. The entire front bench, in fact every Conservative member of the caucus, voted for my motion.
What we found out, though, was that was not what the Conservatives were doing on the inside. Through some very skilful investigative journalism by some members of our press gallery, it was discovered that while they were suggesting they were in favour of this and actually voted for it in the House, a member of the transport minister's office, Paul Fitzgerald of Lawrence Cannon's office, was actually writing to lobbyists from the airline industry.
He was saying that they were going to have to do some lobbying to stop this motion in its tracks, and that if they did not lobby the Grits, the Conservatives were going to find themselves in the position where they were outvoted by the opposition parties. Fitzgerald added that he did not want the government to be forced into regulating passenger protection issues.
Now what the Conservatives did, after actually saying that they did not want to be forced into regulating passenger protection issues, was that they voted for it. Imagine the contempt, the pure raw contempt of what this place is all about. This is a legislative body.
What we say in here is what we say to the country, and when we say in here that we support airline passenger rights and we are actually going to put our stamp on that by standing in our place and voting for it, we do not actually go out and commission lobbyists saying, “Let us scuttle this. Let us get this done. Let us create a pack of lies. Let us try to create much innuendo about this. Let us try to smear this effort. Let us try to make sure that the Canadian public turns against those who would actually favour such a thing and promote such a thing in Parliament”.
Then after they fail at that, what do the Conservatives do? They vote for it. If that is not contempt for what we are supposed to be doing in this place, what is? It is called a lie. If members stand in this place and vote for something, should they not actually have the guts to stand with it all the way?
Now, all of sudden, we hear from the parliamentary secretary and few others. I can see I have a few tempers flaring here, because the Conservatives do not like being caught. A few of their senators do not like getting caught either, but that is another story.
If members are going to stand in this place and vote to enact legislative mechanisms to protect passenger rights, why would they not do it? The government actually tried to suggest that it was going to do that.
Right before the 2008 election campaign, the government created Flight Rights Canada. The Conservatives took a flight all right. They flew as fast as they could from what they did earlier in the spring of 2008, and they created this voluntary mechanism called Flight Rights Canada. Flight Rights Canada was a totally voluntary mechanism. The Government of Canada spent a total of $6,000 promoting it. It was supposed to be an omnibus way of protecting airline passengers. A fancy press release was put out 48 hours before the government dropped the writ for the 2008 election campaign, just to clear the issue off the books so that it could say it was doing something. Nobody ever heard of Flight Rights Canada ever again.
Since then, the government has been suggesting that it is on board with protecting airline passengers. It also started the narrative that it was not necessary, that the market would do its job, and that people are not held prisoners.
Perhaps a person pays $1000 for an airline ticket and walks into the secure area of the airport. The airline has that passenger's bags in the hold of the aircraft, and suddenly, the flight is cancelled. Apparently a passenger has market power at that point in time and can simply walk over to another airline desk and say, “I have paid $1000 to that airline. My bags are in the hold of that aircraft, but I would like to use my market power to fly on your airline”. Is that going to happen?
The government denied and denied. It said that these rights were already available to passengers. The Canadian Transportation Agency did not see it that way. As a result of a complaint filed in 2009 against the domestic and international operations of WestJet, Air Canada and Air Transat, the Canadian Transportation Agency ruled, on June 28, 2012, that the consumer protection of airline passengers on those three airlines was inadequate and unreasonable, and it made amendments. The agency forced those three Canadian-based airlines to change their published tariffs. It forced them to improve their protections, their promises and their enactment of their promises to airline passengers. This happened while the government was saying that this was absolutely unnecessary. The Canadian Transportation Agency, a quasi-judicial body, did not quite see it that way.
We have an opportunity now to stand in this place and say as we mean and mean as we say. There are times when the market does not necessarily always protect consumers. I would hope that people on the other side would agree with that. I can think of one case in particular. A passenger walks into the airport, gets a boarding pass at the counter, gives the luggage to the airline, walks past security and finds out that after spending $1,000 on a ticket, the flight is delayed for 24 hours because it cannot get personnel, the plane has mechanical problems, or whatever. It happens. Is that a realistic scenario that suggests to anyone that the market is going to fix the problem? Can a passenger simply walk over to another airline counter, pay $2,000 now, because it is a last-minute ticket, retrieve that luggage from the previous flight, and carry on?
When passengers are dependent on the airline, the airline has a duty of care to the passengers. If the passengers are incapable of adjusting the circumstance to beat that reality, can the market fix the circumstance? No, it cannot, and that is why an airline passenger bill of rights is not a bad idea.