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