WestJet denied boarding to cancer survivor over mask mandate, loses bid for compensation

• By Ezra Levant

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A cancer patient travelling with WestJet Airlines did not receive damages over a 2022 incident involving mask mandates. 

On Tuesday, the Canadian Transportation Agency (CTA) said WestJet earlier recognized the passenger, Christopher Basaraba, as "a person with a disability" but contends rules are rules.

"Passengers are responsible for ensuring they meet all documentary requirements to travel," the Agency wrote in its Decision No. 11-AT-A-2024. "WestJet communicated the requirements about mask exemptions to passengers before travel via its website."

Cancer patient forced to drive 740 km to doctor's appointment after @WestJet rejected his note for a waiver from the mask mandate loses bid for damages: "Covid was an extraordinary event."  https://t.co/vEfWo3bbIw #cdnpoli @CTA_gc pic.twitter.com/X7NpJAif5i

— Blacklock's Reporter (@mindingottawa) August 7, 2024

A pandemic mask mandate for air passengers was issued by cabinet on April 20, 2020, the first of its kind. "Stay home if possible," then-Transport Minister Marc Garneau said at the time. He urged travellers to wear a "face covering" to protect others.

However, Decision No. 8-AT-A-2024 showed Basaraba had a doctor’s note explaining he could not wear a mask. Following cancer surgery, he had "reduced lung function." The airline refused his request for medical exemption at the time.

Staff disembarked the traveller aboard an April 3, 2022 flight from Fort McMurray, Alberta to Calgary, reported Blacklock’s Reporter. He had a doctor’s appointment the following day. 

Basaraba had to drive 740 kilometres with a rented car to keep the appointment.

A WestJet Airlines passenger denied boarding due to a mask mandate has lost a bid for damages. The Canadian Transportation Agency yesterday said WestJet had no choice though it meant the cancer survivor had to drive 740 kilometres in a rental car to keep a doctor’s appointment…

— Sheila Gunn Reid (@SheilaGunnReid) August 7, 2024

The traveller sought $20,000 compensation for pain and suffering incurred, and special compensation of $20,000 for the added inconvenience. He attempted to bill an "unspecified amount" for travel-related expenses but the claim was dismissed.

"The Agency recognizes the Covid-19 pandemic was an extraordinary event that resulted in rapidly changing circumstances," wrote regulators. They claimed no accessibility regulations made under the Canada Transportation Act were applicable to the incident.

"WestJet indicates it adopted its policy based on an honest and good faith belief it was necessary in order to provide safe transportation services," wrote regulators.

Canada's chief public health officer Theresa Tam strongly encourages all Canadians to still wear masks "because even if you don't see a resurgence now, you're probably going to in the next days, weeks..."
Help Us: https://t.co/oIPU6az6hO pic.twitter.com/JtO3QqEEBl

— Rebel News (@RebelNewsOnline) April 1, 2022

Dr. Theresa Tam, chief public health officer, lauded the necessity of the mandate as late as May 3, 2022. "What is important is preparedness," Tam testified at the Commons health committee.

"Is it premature to lift federal mask mandates at present?" asked New Democrat MP Don Davies. "That is not my decision to make," replied Dr. Tam.

"You are Canada’s chief public health officer," said MP Davies. "If you don’t know I don’t know who else we ask. Is it premature to lift federal mask mandates or not? Yes, no or you don’t know?"

Alec Bialski was flying to Canada from France and fell asleep during the flight. His mask came down as he slept. On his way off the plane, he was arrested and charged under the Canadian Aviation Regulations for not wearing a mask.

FULL REPORT by @ATSoos: https://t.co/6C8tV3yacx pic.twitter.com/zFxhd7rBOd

— Rebel News (@RebelNewsOnline) August 3, 2022

"At the height of a sixth wave?" replied Dr. Tam. "No, I don't think we should be lifting mask recommendations." The federal government lifted the mandate on October 1, 2022. 

Canadians in Privy Council focus groups rated the mandate as pointless. Mask mandates "had little impact overall with some feeling in many cases they had done more harm than good," said a May 16, 2022 report Continuous Qualitative Data Collection Of Canadians’ Views.