Air Canada will start charging extra for passengers who want more legroom, and while it may seem unfair to tall people, it doesn't violate any human rights, a civil liberties lawyer says.
The new fees will start at $14 per one-way trip for those wanting to sit in an exit row or a bulkhead seat at the front of an airplane section. Costs will vary by length of flight, fare class and the customer's Aeroplan status. The service will be available on any Air Canada or Jazz flight.
Very tall people could argue they have no control over their height, making a long-haul flight extremely uncomfortable, but a discrimination case wouldn't have a leg to stand on, says Calgary law Prof. Linda McKay-Panos, executive director of the Alberta Civil Liberties Research Centre.
McKay-Panos fought an 11-year battle with the airlines to force them to provide a second seat for free to people considered disabled because of their weight.
"The problem with people who have long legs is they have to establish that it's a disability," she said.
In November 2008, the Supreme Court of Canada upheld a regulatory ruling requiring airlines to offer a free extra seat to certain disabled and obese people. But no court would agree that tall legs constitute a disability, McKay-Panos said.
However, winning in a court of justice is one thing. Winning in the court of public opinion is quite another, and the latter is definitely not pleased with Air Canada.
"What's next: a breathing fee?" an Ottawa-based commenter using the name LABMAN wrote in an earlier version of this story on cbcnews.ca.
Canada's largest airline is attempting to find $500 million in additional revenue and cost savings as part of its effort to improve profitability. It wasn't immediately clear how much money Air Canada expects to raise from the new fees.
McKay-Panos said airlines in the U.S. that face similar complaints about cramped conditions have attempted to redesign their seating to make it more accessible for everybody. But that hasn't happened yet in Canada.
"Why don't they just make their planes more comfortable?" McKay-Panos asked. "It's more just a good-service thing."
