A tough defender of linguistic rights against airlines for 24 years, Franco-Ontarian Michel Thibodeau has once again won his case. The Greater Toronto Airports Authority (GTAA) will have to pay him $6,500 in damages and costs, the Federal Court has determined.
“Mr. Thibodeau’s linguistic rights were violated” at Pearson International Airport, judge Peter G. Pamel determined. Michel Thibodeau, who had initially won his case with the Office of the Commissioner of Official Languages, complained about the absence of certain press releases in French, the lack of signage in his language on an ATM of a business in the CIBC Bank, inside the airport, as well as a unilingual signage in a Booster Juice restaurant.
“Satisfied with the decision” made public last Tuesday, Mr. Thibodeau indicates to Duty not having obtained everything he asked for, namely a letter of apology from the AAGT, which would have been the “least of things”, according to him, and $4,500 in damages rather than $3,500 . “It hurts me when my linguistic rights which are guaranteed by the Charter are violated, it affects me deeply. »
If Judge Pamel recognized that such a document could have had “the effect of a balm on a wound […] deep”, he did not demand it, since he “doubts the sincerity” shown by the AAGT, which “did not hide its contempt for the tactics used by Mr. Thibodeau to assert his rights “, he wrote.
“Long Crusade”
The AAGT accused Mr. Thibodeau of leading a “long crusade against federal institutions, in which he actively seeks out potential linguistic violations for the purposes of personal enrichment.” Between 2016 and 2021, the Ottawan filed 410 complaints against airport authorities and 158 against other federal authorities.
In interview at Dutythe complainant for his part accused the airport authorities of trying “to find a period, a comma, an expression in the law which would minimize the service and signage to which French speakers are entitled”.
In his decision, Judge Pamel clearly defended Mr. Thibodeau, criticizing the rhetoric of the AAGT. “If this is indeed the case, my spontaneous reaction is: ‘good for him,’ if the result is to draw public attention to the issue and ensure that federal institutions […] better respect the linguistic rights enshrined in the Charter,” he wrote in his decision.
“Even if Mr. Thibodeau may be considered a fly in the ointment by some, the proverbial thorn in the side of airport authorities, the fact remains that the protection of linguistic rights in Canada requires constant vigilance. I hope that one day we will no longer need the Michel Thibodeaus of this world, but until then, passionate defenders of linguistic rights have their place in our society,” he added.
Thanking the judge for his “recognition”, the complainant believes that everything could be resolved simply. “Let the airport authorities serve me and serve us, the French speakers, in the language of our choice, and then there will be no more problem,” he says on the line.
Not for the money
Accused of “blocking the courts” with second-rate cases, the Franco-Ontarian has already received “very strong criticism from Anglophones in different regions of the country”.
However, the man “does not have the profile of a troublemaker”, wrote in 2014 in The duty journalist Philippe Orfali to describe the computer technician, who is now retired. The former public servant, who cannot afford the services of multiple lawyers — except in rare cases, to plead before the Supreme Court and the Federal Court of Appeal — and who has not obtained financial support from organizations defending French-speaking linguistic rights, “learned the law” alone, at home, “with books”. All that, without counting the hours.
He therefore brushes aside allegations of greed. “It’s absolutely false, I don’t do this for the money,” he assures, even if he specifies that the financial penalties are important in terms of “symbolism”. “We agree that $1,500, for a large institution like the Toronto Airport Authority, is a grain of salt. » Judge Pamel even declared that Mr. Thibodeau could have demanded greater compensation for some of his complaints.
In 2022, the Franco-Ontarian won his legal battles against two other airports, in Alberta and Newfoundland and Labrador, which were ordered to pay him nearly $20,000. Both airport authorities appealed these decisions.
Rather than getting money, Mr. Thibodeau would like to no longer wage his battle against the airport authorities alone. He encourages Franco-Canadians to file a complaint with the Office of the Commissioner of Official Languages in order to give more weight to their grievances before the courts. “It’s easier to let it happen and then move on with our journey, but too often that’s the sort of thing airport authorities are hoping for. I believe that if more French speakers stood up and demanded service and signage in French, things would change more quickly. »
The AAGT declined the interview request from Duty, and has also not indicated whether she intends to appeal. “We are carefully studying this judgment [et] We will continue to attach particular importance to communication in both official languages,” wrote the associate director of media relations, Fabrice de Dongo.
This report is supported by the Local Journalism Initiative, funded by the Government of Canada.