Quebec arbitrator upholds total prohibition of recreational cannabis use for cabin crew

TOP STORY

The union grieved the prohibition of recreational cannabis use for safety-sensitive positions – including flight attendants and service directors – in Air Transat’s zero-tolerance policy implemented following the legalization of cannabis in 2018. In her decision, the arbitrator reiterated the right of an employer to implement workplace policies subject to the KVP test and compliance with applicable legislation, in this instance the Quebec Charter of Human Rights and Freedoms and the Civil Code of Quebec. Applying the test established in Goodyear to the policy, she found that the total prohibition of cannabis use was justified in the circumstances by a legitimate and important objective, that it was proportionate to that objective and that the infringement on employees’ privacy was minimal. Throughout her decision, the arbitrator noted the safety-related functions of cabin crew, the lack of definitive knowledge about the long-lasting effects and dependence potential of cannabis, and the lack of reliable tools to assess impairment. In the end, she dismissed the grievance, concluding that public safety concerns prevailed over employees’ privacy rights as they relate to the recreational use of cannabis.

2026 CanLII 44306 (CA SA) | Syndicat canadien de la fonction publique, section locale 4041 c Air Transat | CanLII

Decisions

Claim, cancellation, partial flight – Chalkhoun c Air Canada2026 QCCQ 2029

Plaintiff purchased round trip tickets for herself, her daughter and her adult son – plaintiff later requested for son to use ticket for return trip only, but airline refused – plaintiff cancelled son’s ticket and sued airline for cost of ticket and $10,000 in punitive damages on basis of alleged breach of contract and unjust enrichment – Court found plaintiff was bound by airline tariff which provides that flights are honoured only in order they are issued – cancellation of outbound flight resulted in automatic cancellation of return trip – Court further found punitive damages were precluded under Montreal Convention – claim dismissed with costs

Workers’ compensation, employment injury, income replacement – Trans-Sol Aviation Service inc. et Calderon Cueva2026 QCTAT 1843

Employer appealed Commission’s recognition of ramp agent’s knee injury and calculation of income replacement benefit – Tribunal found presumption of employment injury applied – lack of witness to accident does not prevent application of presumption – legislation provides for income replacement benefit based on gross income under contract or higher gross income earned in 12 months prior to injury – worker provided evidence of higher gross income when accounting for overtime –  Tribunal confirmed income replacement benefit based on higher gross income, subject to maximum insurable income – appeal dismissed

Workers’ compensation, employment injury, occupational deafness – Air Canada et Jallet2026 QCTAT 1942

Commission recognized mechanic’s occupational deafness with 10.35% permanent impairment – Commission awarded $6,443.08 indemnity for bodily injury – employer appealed – in absence of regulation governing new eligibility criteria for noise-induced hearing loss, Tribunal applied test for presumption of employment injury – Tribunal determined presumption applied – appeal dismissed

Workers’ compensation, income replacement, gradual return to work – Decision No.: 2026-02492026 CanLII 42596 (AB WCAC)

Board accepted flight attendant’s claim for adjustment disorder and PTSD following two traumatic emergencies – Board terminated income replacement benefit at end of 6-month gradual return to work plan (GRTW) – Board’s decision upheld on review – worker appealed review decision, requesting 2 additional months of benefits to ease back into service director duties – Commission found worker had no work restrictions at end of GRTW – Commission also accepted employer’s evidence that service director duties were part of flight attendant position – appeal dismissed

Workers’ compensation, objection, timeliness – Air Canada et LANXESS Canada Co./Cie., 2026 QCTAT 1838

Commission recognized retired lead station attendant’s occupational deafness – employer appealed and objected to timeliness of claim – Tribunal found worker’s significant health issue and COVID-19 confinement explained delay in filing claim – Tribunal relieved worker from default to file claim in timely manner – objection dismissed – employer’s appeal to proceed on merits

CTA News and Decisions  

Application – Polskie Linie Lotnicze LOT SA (LOT Polish Airlines SA) (LOT Polish) on behalf of itself and EuroAtlantic Airways – Transportes Aéreos, S.A. (EuroAtlantic) – Determination No. A-2026-83

Application for approval to permit LOT Polish to provide its scheduled international service between Poland and Canada using aircraft with flight crew provided by EuroAtlantic, beginning on June 1, 2026, to October 1, 2026 – approval granted subject to conditions

Application – French Bee on behalf of itself and Air Caraïbes Atlantique – Determination No. A-2026-84

Application to modify start date of wet lease operations from June 22, 2026 to May 13, 2026 – application granted

Suspension – GFK Flight Support, Inc. – Order No. 2026-A-S-82

Licence 990077

 TC/TSB News

 Industry Association News

 Union News

Airport News

Rotary Operator News

General Aviation News

Related Articles

Inspiring the Next Generation of Women Aviators

TOP STORY Allison Couch always knew aviation was where she belonged.  As the daughter of an aircraft maintenance engineer, she had ample exposure to the industry…

Training related to access to airports’ restricted areas not “training” under collective agreement: Arbitrator

TOP STORY The Union representing flight crew filed a grievance arguing that time spent renewing the ID card required to…

Air Canada to Dispute $426K Penalty From Airline Regulator Stemming From 2025 Events

TOP STORY Air Canada says it rejects a claim by the country’s airline regulator that it failed to live up…