Costly flaws in the system: Record fines for Air Canada

The Federal Administrative Court in St. Gallen, Switzerland, delivered a nuanced but firm verdict against Air Canada, only partially upholding the airline’s defenses in a dispute concerning operational due diligence.

Although the carrier cited a low incident rate to justify the quality of its services, the judges explicitly stated that a low statistical indicator alone is insufficient to prove compliance with the due diligence required by safety standards.

The core of the criticism leveled by the court lies in the glaring absence of a systematic error monitoring system within Air Canada’s organization. The company was unable to demonstrate that problematic incidents were subject to rigorous internal review.

According to the judges, this structural deficiency prevents the implementation of targeted training for ground staff and the development of corrective measures capable of preventing the recurrence of future errors.

This ruling underscores the growing demands of Swiss authorities on international carriers, for whom safety must not merely be a financial result, but the outcome of a proactive and documented process.

For the time being, this decision is not yet legally binding, leaving Air Canada the option to challenge this interpretation of operational responsibility by appealing to the Federal Supreme Court.

This case could set a precedent in Switzerland regarding how airlines must document their « safety culture » beyond mere punctuality or accident statistics.