Victory: Asthmatic beats a $5000 fine after removing mask on Air Canada flight

zapper - stock.adobe.com

Courtney Sailer, an asthmatic and anxiety sufferer, removed his mask after a medical emergency occurred in the seat behind him, which triggered his condition. Sailer did not replace his mask after Air Canada crew members told him to do so, which resulted in his arrest by police at the Calgary Airport.

Airline passenger was justified in removing mask despite putting passengers at risk, judge rules #yyc https://t.co/8hVNpqWE4W

— Calgary Herald (@calgaryherald) April 19, 2023

Judge Lloyd Robertson noted that Sailer had previously complied with the masking requirement in his flight and only removed his mask when his medical conditions made wearing his mask impossible.

LEGAL VICTORY ⚖️

Asthmatic passenger acquitted for removing mask on Air Canada flight:

A passenger who removed his mask after struggling to breathe during a flight to Calgary in July 2021 has been acquitted of breaching regulations under the Aeronautics Act. Courtney Sailer was… pic.twitter.com/TLaQFaYAoG

— The Democracy Fund (@TDF_Can) April 21, 2023

According to a Friday press release on the legal win by The Democracy Fund:

Judge Robertson described the situation as a joint failure of communication. Sailor communicated with the flight crew about his breathing problems but could have done so in a more meaningful way. He was focused on his breathing to the exclusion of all else. As for the flight crew, they failed to question Sailor about his medical situation or meaningfully engage with him. As Justice Robertson observed, they 'only communicated the command to re-mask.'

Good morning Canada. As of today, masks are no longer required on planes and trains, unvaccinated tourists are allowed into our country, and that awful ArriveCAN app is not needed at the border. #backtonormal

— Élie Cantin-Nantel (@elie_mcn) October 1, 2022

The requirement to wear masks on Canadian flights was removed on October 1, 2022.