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Old 04-21-2014, 03:56 PM
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Default Complete BS... Grounds for a lawsuit?

Interesting one for you guys. Curious to see what the masses say.

Question for you:

There is a company, that is nameless for the moment is the only air service that connects to a community. They have a policy permitting incidentals, which are essentially backhauls. IE, they fly to a location with their primary air fare, and pick up 'extras' for the trip back to their primary community.

Yesterday they announced that non-local people to the comunity (Whites) would have to pay $375 for this, while nation members (natives) only have to pay $50.

Is this not discrimination, which is illegal in Canada as per the Charter of Rights and Freedoms?

This incredibly screws the white population of what is, during 4 months of the year, sometimes 5-6 a fly in only community. Most of us have our legal addresses here.

Do you think there is grounds for a lawsuit here?


Discriminatory Practices
Marginal noteenial of good, service, facility or accommodation

5. It is a discriminatory practice in the provision of goods, services, facilities or accommodation customarily available to the general public

(a) to deny, or to deny access to, any such good, service, facility or accommodation to any individual, or

(b) to differentiate adversely in relation to any individual,

on a prohibited ground of discrimination.


Prohibited grounds of discrimination

3. (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
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Old 04-21-2014, 04:09 PM
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Ask CTA

www.cta.gc.ca

and



http://www.chrt-tcdp.gc.ca/NS/index-eng.asp

I am thinking transportation may have something to say.
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Old 04-21-2014, 04:44 PM
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One of the side effects for this is to make medical treatment impossible.

The nearest hospital is only accessable by that flight, so if you get hurt.. it's either a $5k medevac, or hope to get one of these $375 each way flights. (That someone else is paying $50 for)

Oh, and btw, it's a 30 minute flight.

I'm personally screwed because I can no longer afford to get out for treatment for a heart condition...
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Old 04-21-2014, 04:49 PM
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No such thing as discrimination against a Caucasian. Ask any liberal.
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Old 04-21-2014, 05:01 PM
Drewski Canuck Drewski Canuck is offline
 
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Tell us who owns the air service? Is it a first nations company? I bet you used your Safeway card for the discounts on gas and groceries, didn't you? Same idea. If they want to set special pricing for their members, how do you stop them?

Instead, I ask this, Why do you live there? Are you employed by the band, the Feds, a Bank, etc? If so, the employer should front the additional cost as part of the package of employment. Otherwise, leave and go where you can afford access to healthcare.

You see, for every blatant reverse racism comment you make, there is a valid answer. Without knowing more, we are all just playing along with your claim of discrimination.

Drewski
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Old 04-21-2014, 05:07 PM
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Quote:
Originally Posted by Drewski Canuck View Post
Tell us who owns the air service? Is it a first nations company? I bet you used your Safeway card for the discounts on gas and groceries, didn't you? Same idea. If they want to set special pricing for their members, how do you stop them?

Instead, I ask this, Why do you live there? Are you employed by the band, the Feds, a Bank, etc? If so, the employer should front the additional cost as part of the package of employment. Otherwise, leave and go where you can afford access to healthcare.

You see, for every blatant reverse racism comment you make, there is a valid answer. Without knowing more, we are all just playing along with your claim of discrimination.

Drewski
The nation does not own this air service, no. If it was a first nations company, or owned by the reserve, I wouldn't complain. It was sold to a private entity some years ago. (Who is not native himself)

I am not employed by the band, I am employed by a company on contract to them. The other individuals in the community, who -are- employed by the band (Teachers, etc) are being forced to pay the additional cost as well. As are the nurses (feds)

It really boils down to: If you are white, this is what you are told you have to pay.
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Currently retired from hunting due to injury, but looking to get back on the wagon in 2020. Up in Yellowknife and missing my Alberta home big time.

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Old 04-21-2014, 05:08 PM
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Quote:
Originally Posted by Drewski Canuck View Post
Tell us who owns the air service? Is it a first nations company? I bet you used your Safeway card for the discounts on gas and groceries, didn't you? Same idea. If they want to set special pricing for their members, how do you stop them?

Instead, I ask this, Why do you live there? Are you employed by the band, the Feds, a Bank, etc? If so, the employer should front the additional cost as part of the package of employment. Otherwise, leave and go where you can afford access to healthcare.

You see, for every blatant reverse racism comment you make, there is a valid answer. Without knowing more, we are all just playing along with your claim of discrimination.

Drewski
safeway doesn't have the club card program anymore....AND they allowed ALL members of society to participate in it.
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Old 04-21-2014, 05:18 PM
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I believe one would have to know the exact wording of that rule.

So far as I know it's not considered discrimination to offer discounts to people based on where they live.

If it does indeed use the words, "non-local people" and you do in fact live there, then you would have a very good argument for being eligible for the discounted rate and if they denyed your claim they would, I believe, be guilty of discrimination in the classic sense.

I am pretty sure I know what air service you speak of, if so, from what I've heard, $375 would be very close to the going rate in that area for the type of service provided. Air fares in remote areas are not cheap.

The way I see it, the only issue is whether or not you are eligible for the discounted rate and I suspect they would not want to give you that rate because I suspect the lower rate is based on the government paying for most of the fare for those the offer is meant for.

I'm just guessing of course. Based on my limited experience with air services in the north.
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Old 04-21-2014, 05:23 PM
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Quote:
Originally Posted by KegRiver View Post
I believe one would have to know the exact wording of that rule.

So far as I know it's not considered discrimination to offer discounts to people based on where they live.

If it does indeed use the words, "non-local people" and you do in fact live there, then you would have a very good argument for being eligible for the discounted rate and if they denyed your claim they would, I believe, be guilty of discrimination in the classic sense.

I am pretty sure I know what air service you speak of, if so, from what I've heard, $375 would be very close to the going rate in that area for the type of service provided. Air fares in remote areas are not cheap.

The way I see it, the only issue is whether or not you are eligible for the discounted rate and I suspect they would not want to give you that rate because I suspect the lower rate is based on the government paying for most of the fare for those the offer is meant for.

I'm just guessing of course. Based on my limited experience with air services in the north.
I agree with most of this, except for one thing:

1) It's a backhaul. The cost of the flight has already been paid by the gov't, etc, so this is purely extra profit as they are returning empty anyway.

This is why the seats are cheap, it's always been like that out here for many years.

If everyone paid the same cost, I wouldn't care what it was.
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Currently retired from hunting due to injury, but looking to get back on the wagon in 2020. Up in Yellowknife and missing my Alberta home big time.

This is the kind of thinking we are up against, vote Conservative this election!



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Old 04-21-2014, 05:25 PM
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Wouldn't it also be discrimination because natives don't need to buy hunting/fishing licenses and Whites/Blacks do?
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Old 04-21-2014, 05:26 PM
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Quote:
Originally Posted by fordtruckin View Post
Wouldn't it also be discrimination because natives don't need to buy hunting/fishing licenses and Whites/Blacks do?
Gov't VS private entity changes that massively.
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Currently retired from hunting due to injury, but looking to get back on the wagon in 2020. Up in Yellowknife and missing my Alberta home big time.

This is the kind of thinking we are up against, vote Conservative this election!



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  #12  
Old 04-21-2014, 05:32 PM
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Quote:
Originally Posted by thirty-30 View Post
I agree with most of this, except for one thing:

1) It's a backhaul. The cost of the flight has already been paid by the gov't, etc, so this is purely extra profit as they are returning empty anyway.

This is why the seats are cheap, it's always been like that out here for many years.

If everyone paid the same cost, I wouldn't care what it was.
I understand what you are saying. However, backhauls are a tricky issue, the carrier could well argue that the fare paid by the government was in fact for the trip in. Unless the trip in was on your behalf, I think you would have a very hard time convincing a court that they should be charging you for the trip out.

Is it unfair? I think so. But I doubt if it's illegal or a violation under the charter of rights and freedoms and I doubt it could be considered discrimination. I believe the correct definition is opportunism.
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Old 04-21-2014, 05:47 PM
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Quote:
Originally Posted by fordtruckin View Post
Wouldn't it also be discrimination because natives don't need to buy hunting/fishing licenses and Whites/Blacks do?
lol, they hunted and fished before the arrival of white man..... there wasn't a lot of flying going on though....
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Old 04-21-2014, 06:00 PM
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Whites need to stop whining. Problem solved.
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Old 04-21-2014, 06:09 PM
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Perhaps the fare for the natives are subsidized by gov't and whitey gots to pay full ticket? ie: maybe their fare is the same, but the Feds pay the rest....
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Old 04-21-2014, 06:12 PM
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Originally Posted by CaberTosser View Post
Perhaps the fare for the natives are subsidized by gov't and whitey gots to pay full ticket? ie: maybe their fare is the same, but the Feds pay the rest....
^^^^, think you probably have it Cabre....
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Old 04-21-2014, 07:15 PM
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Originally Posted by CaberTosser View Post
Perhaps the fare for the natives are subsidized by gov't and whitey gots to pay full ticket? ie: maybe their fare is the same, but the Feds pay the rest....
That's not so bad then...as long as we are getting to pay more AND subsidizing the reduced fare of others.
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Old 04-21-2014, 07:33 PM
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Heh.

So a friend of mine called and asked to speak to the owner, who told him

'If you don't like it, find a new f-----g place to live'

His fiance works in here, he works on the rigs.

So, I am going to go out on a limb and say this is likely him feeling that he can screw people who have the money and are otherwise over a barrel.

The sad part? Not atypical for this gentleman from what I hear.
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Currently retired from hunting due to injury, but looking to get back on the wagon in 2020. Up in Yellowknife and missing my Alberta home big time.

This is the kind of thinking we are up against, vote Conservative this election!



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Old 04-21-2014, 07:40 PM
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Capitalism at work.
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Old 04-21-2014, 07:51 PM
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In the example you have used I believe it boils down to whether you are paying the "normal fare" and the locals are getting a discount ( which would be lawful) or, whether the locals are paying the normal fare and you are being penalized (which would be unlawful).
Basically it is not unlawful to offer a discount to a specific group based on geography but it would be unlawful to penalize someone for those reasons.

Last edited by nelsonob1; 04-21-2014 at 08:07 PM.
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Old 04-21-2014, 08:16 PM
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The "being local" stipulation may be a legit operating function of the company, and, the fact that in this particular case, the vast majority (if not all) of those "locals" happen to be of a different ethnicity, might simply be coincidental and causing the whole thing to look like something that it is not (discrimination based on ethnicity). Does the company use this "locals only" operating function in other locations where the customers benefiting are not seemingly of a common ethnicity? Not saying there might not be something worth perusing here, but, this may be a case of coming to different assumptions based on what "colour" of lenses one is looking at this through. I'd definitely dig a little deeper into this, (try not looking through the "ethnic" glasses for a bit), and simply look for some more facts relating to general policies and procedures.
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Old 04-21-2014, 08:34 PM
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Quote:
Originally Posted by thirty-30 View Post
Interesting one for you guys. Curious to see what the masses say.

Question for you:

There is a company, that is nameless for the moment is the only air service that connects to a community. They have a policy permitting incidentals, which are essentially backhauls. IE, they fly to a location with their primary air fare, and pick up 'extras' for the trip back to their primary community.

Yesterday they announced that non-local people to the comunity (Whites) would have to pay $375 for this, while nation members (natives) only have to pay $50.

Is this not discrimination, which is illegal in Canada as per the Charter of Rights and Freedoms?

This incredibly screws the white population of what is, during 4 months of the year, sometimes 5-6 a fly in only community. Most of us have our legal addresses here.

Do you think there is grounds for a lawsuit here?


Discriminatory Practices
Marginal noteenial of good, service, facility or accommodation

5. It is a discriminatory practice in the provision of goods, services, facilities or accommodation customarily available to the general public

(a) to deny, or to deny access to, any such good, service, facility or accommodation to any individual, or

(b) to differentiate adversely in relation to any individual,

on a prohibited ground of discrimination.


Prohibited grounds of discrimination

3. (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

If you have a legal address there....wouldn't that make you a local??
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Old 04-21-2014, 08:34 PM
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I bet you can make a case for claiming the flight as a health care cost.
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Old 04-21-2014, 08:44 PM
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Quote:
Originally Posted by Drewski Canuck View Post
Tell us who owns the air service? Is it a first nations company? I bet you used your Safeway card for the discounts on gas and groceries, didn't you? Same idea. If they want to set special pricing for their members, how do you stop them?

Instead, I ask this, Why do you live there? Are you employed by the band, the Feds, a Bank, etc? If so, the employer should front the additional cost as part of the package of employment. Otherwise, leave and go where you can afford access to healthcare.

You see, for every blatant reverse racism comment you make, there is a valid answer. Without knowing more, we are all just playing along with your claim of discrimination.

Drewski
Really? Reverse racism......All I have to say....sickens me. enough already!
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Old 04-21-2014, 08:52 PM
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Quote:
Is this not discrimination, which is illegal in Canada as per the Charter of Rights and Freedoms?
Actually according to our constitution, all Canadians are not equal under the law, so discrimination is legally allowed. Read the section below, and subsection 1) starts out insinuating that all Canadians are equal under the law, and can't be discriminated against, but then subsection 2) makes sub section 1) totally meaningless.

Quote:
Equality Rights
Marginal note:Equality before and under law and equal protection and benefit of law

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Marginal note:Affirmative action programs

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. (84)
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Old 04-21-2014, 09:02 PM
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Can you imagine what would happen if an airline flying out of, oh, let's say Edmonton or Calgary, charged more for people who lived nearby reserve, because they "aren't local?" The doo-doo would hit the propeller in a real hurry.
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Old 04-21-2014, 09:05 PM
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Quote:
Originally Posted by alacringa View Post
Can you imagine what would happen if an airline flying out of, oh, let's say Edmonton or Calgary, charged more for people who lived nearby reserve, because they "aren't local?" The doo-doo would hit the propeller in a real hurry.
Gotta wonder what the ever so vigilante HRC would have to say about this.....?????....or better yet, what they would say if the policy was reversed?
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Old 04-21-2014, 10:11 PM
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OK, now that we know more, here is the other spin by the air service. He decides to charge full pull and maximize profit, regardless of a back haul. This is commonly done in the trucking industry, to maximize profit, no discounts.

Tell your employer that this is a game changer and get a relocation or an allowance or get the Co to make a deal with the air service. You are not over a barrel, the company is. If they cannot get people in there to do the work, they are the one that suffers.

Drewski
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Old 04-21-2014, 10:16 PM
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I will adopt all of you, my white children
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Old 04-21-2014, 10:20 PM
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I will adopt all of you, my white children
If we become related then maybe I'll learn to make bannock and you'll be able to sport either a kilt or lederhosen with the best of them!
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