Alberta Police Beat Spring 2024

Alberta Police Beat

Alberta Police Beat

ALBERTA FEDERATION OF POLICE ASSOCIATIONS 2024 BOARD OF DIRECTORS

CORY KERR

President of AFPA

Vice President of Edmonton Police Association

GRAHAM ERNST

Vice President of AFPA

Director of Calgary Police Association

MARC GAUMONT

Secretary/Treasurer of AFPA

Treasurer of Lethbridge Police Association

MARK FLYNN

Director/Editor of AFPA

Vice President of Medicine Hat Police Association

ALEX SHAW

Director of AFPA

Director of Edmonton Police Association

BRENT HUTT

Director of AFPA

Director of Calgary Police Association

JASON VOWLES

Director of AFPA

President of Taber Police Association

HOWARD BURNS

Executive Director

The opinions and comments expressed in Police Beat are those of the writers and are made without prejudice. They are not necessarily the position of the AFPA or its Executive. The inclusion of third party advertisements does not constitute an endorsement, or recommendation by the AFPA board or its membership. Reproduction of articles and artwork is strictly prohibited without the prior written consent of the AFPA. Publication Agreement #42846013

FROM

Cory

FROM

Graham Ernst

FROM

Marc Gaumont

FROM THE DIRECTOR/EDITOR

Mark Flynn

FROM

Alex Shaw

FROM

Jason Vowles

FROM

Police

2024 has been an interesting year so far, and we are seeing some changes from the provincial government that will not only have an impact on policing in Alberta, but on all of the people that we serve in our roles as police officers. Bill 11, the Public Safety Statutes Amendment Act was introduced in March of this year, with the goal (according to the Alberta government) being to facilitate the creation of an ‘independent’ police agency that would support the Royal Canadian Mounted Police (RCMP), municipal police services and First Nations police services in Alberta.

The new independent agency would support other police services across the province, enabling them to partner with additional police resources to increase frontline response efforts and keep communities safe, and operate independently from government, as all Alberta’s police services do now. This agency would follow best practices, which include being subject to a civilian oversight board to ensure police accountability. This board would have a role similar to local police commissions, which provide independent civilian oversight of municipal and First Nations police services in Alberta. 1

The main takeaways from Bill 11 are as follows:

1. It allows the government to establish one or more independent agency police services for the provision of policing services to all or any part of Alberta.

2. It establishes the “Independent Agency Police Oversight Board” which effectively carries out the same roles that municipal police commissions do now under the current Police Act (it has the same roles with respect to the new police service(s) as commissions have with municipal services regarding complaints, etc.)

• The Independent Agency Police Service Oversight Board (the “Oversight Board”) consists of the Deputy Minister of Public Safety and Emergence Services and 8 other members appointed by the Minister.

• It is the Oversight Board that actually allocates the

funds for paying its employees (sworn and civilian).

• The Oversight Board has to develop “a diversity and inclusion plan” in conjunction with the chief(s) of the new service(s).

3. The chief(s) of the new service(s) have essentially the same roles and responsibilities as municipal police service chiefs, but they report into the Oversight Board rather than a commission and are appointed by the minister on the recommendation of the Oversight Board.

4. Police officers of an independent agency police service are appointed by the chief of that service and are subject to the jurisdiction of the chief and Oversight Board.

5. The minister is responsible for developing policies and priorities for the new services and providing general directions to the Oversight Board regarding the operation of the service(s).

6. The discipline/complaint process is effectively the same as for municipal services – except for the Oversight Board replaces the commissions in that respect.

7. The most notable/substantive changes to the provisions affecting municipal police services are that Bill 11:

• allows the minister to make regulations regarding the appointments of members of municipal police commissions and their powers and duties;

• changes the “fiscal year” for police budgets to “calendar year”; and

• changes the title “Chief of Police” to “Chief of the Police Service”.

A very interesting part of the Bill from a broader police association perspective is that there is not any amendment to the Police Officers Collective Bargaining Act (POCBA) that

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would provide for the representation of police officers of an independent agency police service by a police association. For those that don’t know, the POCBA is what defines police associations like the Edmonton Police Association, Calgary Police Association, and so on. The POCBA specifically defines a” bargaining unit” as “police officers of a municipal police service…” and a “police association” as an association of “the police officers of a municipal police service”.

Bill 11 expressly recognizes that civilian employees may be subject to a collective agreement but doesn’t define anything for sworn employees (the Bill says “where an employee other than a police officer is employed for the independent agency police service, the Oversight Board may release the employee from the independent agency police service subject to the provisions of any collective agreement that applies to that employee”). In addition, unlike the provisions in the current Police Act that make clear that for the purpose of labour law the City is the employer of the officers and civilians, Bill 11 does not expressly deal with the question of employer for the independent agency police service(s) (although it suggests the Oversight Board might be given that it can release civilian employees and allocates funds for wages).

So, what does this mean? It means that at some point, the government should re-open the POCBA for amendment to allow this new independent police service to fall under the collective bargaining act, giving their police officers the power to form an association and collectively bargain, as the police officers from every other police service in Alberta is entitled to do. Almost every police force, that is.

First Nations policing in Alberta has long been the outlier in this aspect, and currently First Nations police officers have no ability to bargain under the POCBA. It is the opinion of this President that any re-opening of the POCBA to include the new independent police service(s) should also allow our First Nations police services the same rights, allowing them to bargain for their pay and benefits in the same fashion as their municipal counterparts.

A recent legal opinion obtained by AFPA stated “that it is more likely than not that the employment of police officers of First Nation police services would be provincially regulated in Alberta. While this outcome is not certain, it appears most likely. Assuming our opinion is correct, it follows that individual First Nation police officers would be subject to the Employment Standards Code if they do not belong to a police association and would be subject to the Code if there is a police association.

Overall, it appears that the fact that POCBA does not apply to First Nation police officers is an oversight, likely because of the (relatively) recent idea of creating First Nation police services. We would expect that the Alberta government would be interested in moving to expand the scope of POCBA to include First Nation police associations if this matter is raised with them. Doing so would eliminate the risk to public safety and order caused by a potential strike of First Nation police officers and also would eliminate the conflict that might arise if First Nation police officers were allowed to be represented by CUPE or the Steelworkers, as is likely presently the case. Moreover, expanding the reach of POCBA to include First Nation police officers and associations would also prevent the anomalous results of having different labour relations regimes apply to different types of police services” as well as “Part of this conclusion will depend on the exact terms of the tripartite agreement between the First Nation group, the provincial government, and the federal government which establishes the police service.”

More police in the Province of Alberta is a good thing, and I look forward to seeing what this new service will look like, how it rolls out, and what the impact will be. AFPA also looks forward to assisting both the new independent police force and our brothers and sisters in Alberta’s First Nations policing services in gaining the right to operate under the POCBA the same as everyone else. AFPA will be engaging the provincial government in the near future, and we look forward to a positive result on this matter.

1 https://www.alberta.ca/keeping-alberta-families-and-communities-safe

Greetings, AFPA members! As always, I hope this article finds you well-rested and spending time with your family and friends. Summer is right around the corner and I’m sure we could all use a little more rest and relaxation. I encourage you to use up all that annual leave you have worked so hard to earn and enjoy the weather while it lasts. The policing profession puts unique pressures on our minds and bodies that are best restored near a body of water with your loved ones.

In early February, I had the privilege of attending a meeting with members of the Police Review Commission. This commission has been tasked with implementing the changes made to the Police Act by the Government of Alberta in 2022. These changes came after years of consultation with stakeholders from across the Province, including police commissions, public consultation, police services, special interest groups, police associations and the Alberta Federation of Police Associations (AFPA). AFPA comprises all the municipal police associations across the Province and acts as an advocate for our interests. The consultation began in earnest under the previous NDP government and was completed under the UCP. The UCP government passed the amendments to the Police Act in December of 2022.

The purpose of these changes, very broadly, is to modernize police governance, police complaints, and investigations and coordinate disciplinary hearings. The changes also include updating and adding new regulations to the Police Service Regulations. They hope to accomplish all this within two years.

You may ask, “Why are they doing this?” According to the commission, there is currently a general sense from the public that police investigating police results in biased investigations. Furthermore, the current system is primarily punitive and has a lot of variance in the process from service to service. When you add in the multitude of ways that the public can make a complaint against the police, it is clear they need to streamline the process.

The Police Review Commission hopes a new regulatory body will provide an arm’s length process to ensure objective decision-making. Objective and independent decision-making is something that AFPA firmly supports. The current process can be, or at least can be perceived, as unfair at times. We support this mandate if it makes it more fair for all involved.

The commission also wants to be a one-stop shop for police complaint intake. AFPA also supports this. Hopefully, by having one place where complaints come in, we will have more adherence to complaint timeline limits and a more consistent assessment at the onset of the process. It was shared with me that one of the benefits of consistent intake should be that frivolous and vexatious complaints will be dealt with quickly and efficiently, with minimal or no impact on the officers being complained about. Fingers crossed!

Another critical and possibly beneficial change for our members will be an opportunity to build a restorative and reconciliatory approach to the regulations. This is a significant change because it should allow for an alternative dispute resolution process. That should matter to you because it will allow for more options than denying you 40-80 hours if you are found guilty of an offence under the act. We can all do the math to understand how much that can hurt. A new resolution process may help all the affected parties feel heard and treated fairly.

Finally, it is valuable to know that police complaints will be divided into five levels. The first three levels will stay with the Independent Oversight Agency, and the last two will go back to the service the member works for.

Level 1s will be “serious and sensitive investigations.” This could include police-involved shootings. Level 2s are complaints alleging a statutory offence. (criminal conduct) Level 3s are Code of Conduct complaints.

Levels 4 and 5 will most likely go back to the individual agency to be investigated and will generally be related to policy breaches,

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HR and safe workplace concerns. It should be noted that this is not a finalized list and is not comprehensive in terms of all the concerns that may be investigated within the service.

If you are wondering, we are not the first Province to have an Independent Oversight Agency. Ontario has the Special Investigations Unit (SIU), and British Columbia has the Independent Investigations Office (IIO). Both of these organizations have been in place for many years and have gone through numerous growing pains. Through trial and error, they have improved and will ultimately be the template that Alberta follows. After speaking to the members of the Police Review Commission here, I am confident they will learn from the mistakes these older agencies have made. Hopefully, that will be to all our benefit.

If you have made it this far in the article, thank you, and I commend you for paying attention to these kinds of details. I am going to guess a lot of you will have dealt with ASIRT, Professional Standards, or Internal Investigations at one point or another in your careers. If you have, you know just how unfair and secretive the current system can seem. I am cautiously optimistic that while it won’t be perfect, it should be better! At least the presiding hearing officer shouldn’t be hired by the Chief anymore. That’s a move in the right direction.

If you have any questions or concerns about anything you have read today, please feel free to reach out anytime. I love this stuff and would be happy to discuss these details or anything else with an interested and invested member of AFPA. Play safe.

So long, farewell, auf Wiedersehen, adieu! The sound of music came out in 1965, 9 years before I was born, and I’ll venture to say that it was many years before most of our readers were born. The music lyrics came to my mind when I sat down to write my final article for the Alberta Federation of Police Association.

At our annual general meeting held at the end of May this year, I will step down from the board after 6 years as your Secretary/ Treasurer. I have really enjoyed my time with the Alberta Fed as it has given me the opportunity to not only meet, but become friends with Association Leaders across the Province and Country. I have developed friendships which will continue past my time on this board, past my time spent on my local board and past my time spent in policing.

It was difficult to make the decision to not run again for the position; however, since my years in policing is starting to near the end, I know my time with Association work on the APFA board has come. With that said, I know I will leave the AFPA board in good hands and they will continue to do the good work that has become expected of them as your provincial association representatives. As I look to leave the board I also look ahead at what the AFPA board may be facing in the not too distant future.

The provincial outlook for policing and the association in the near future is interesting to say the least. The province recently tabled Bill 11 – the public safety statutes amendment act which if passed, will pave the way for a potential Provincial Police Service in Alberta. It seems that there is a murmur that is growing in the Province and the Country for that matter, that may end in the RCMP moving away from Provincial Policing, but I know that will be long after my time has gone.

A little closer to home, Grande Prairie Police Service is starting to train their new members for the creation of their own police service and the Province will soon welcome the Grande Prairie Police Association into the Alberta Federation of Police Associations. I may not miss the first ever AFPA AGM held in Grande Prairie and the 9-hour drive to get there from the south though!!

Regardless of what the future brings for the Alberta Fed, I am looking forward to keeping an eye from the sidelines as to the direction that the AFPA board takes in both the near and distant future as they navigate the growth of the association world in the province.

Take care and be safe.

Policing in a Post-Pandemic World

We made it! The pandemic is in our rear view, and, along with the rest of the world, we cautiously navigate the aftermath of the COVID-19 pandemic. We are still adapting to new challenges and shifting societal norms. The pandemic has not only changed the landscape of public health but also redefined the scope of public safety and community interaction for Police.

New Challenges and Responses

The COVID-19 pandemic imposed unprecedented public health responsibilities onto police services across Alberta. Tasked with enforcing public health orders, managing lockdowns, and ensuring the safety of public gatherings, our members were required to quickly adapt while continuing their primary roles in crime prevention and community safety. This new operational theatre brought the need for innovative strategies:

• Enhanced Safety Protocols: Police Services implemented rigorous health and safety measures to protect both officers and the public. This included the widespread adoption of personal protective equipment (PPE) such as masks and gloves, as well as protocols for the regular sanitization of equipment and vehicles. Social distancing measures were enforced during public interactions, changing everyday police work significantly. These changes aimed to prevent the spread of the virus and to demonstrate public health best practices throughout communities.

• Digital Engagement: With physical contact limited due to the pandemic, digital tools became crucial in maintaining communication between police services and the communities they serve. Police services across Alberta enhanced their use of social media platforms, websites, and mobile apps to report incidents, disseminate information, and engage with citizens. Virtual community meetings, such as those hosted by the Edmonton and Calgary Police Services, became the norm, ensuring ongoing dialogue and community oversight while adhering to health guidelines.

This digital shift helped maintain transparency during tumultuous times and laid the groundwork for advancement in the way we do business.

• Shifts in Crime Patterns: The pandemic significantly altered the landscape of criminal activity. With more Albertans staying at home, residential related crimes such as thefts and break and enters saw a decline. However, this was offset by an increase in areas such as cybercrime, domestic violence, and fraud, particularly, scams related to COVID-19. Police had to redirect resources and adapt their strategies to these evolving challenges. For example, the rise in cybercrime required enhanced training and knowledge among officers and greater cooperation with tech experts. The spike in domestic violence called for sensitive handling that respected both public health mandates and the urgency of intervention.

Technological Advancements

The pandemic accelerated the integration of technology in policing. Tools that were once thought to be out of reach because of ‘the way things have always been done’, are now essential, helping officers do their jobs safely and more efficiently:

• Body-Worn Cameras (BWC): The pandemic has brought a heightened need for transparency and accountability in policing, a need that Alberta is addressing with a new BWC mandate. Public Safety and Emergency Services Minister Mike Ellis announced on March 14, 2023, that all frontline officers, including those in municipal and Indigenous police services, will be required to wear body cameras. This policy not only aims to protect citizens but also officers, by providing clear evidence of events as they unfold.

• Drones and Robotics: Deployment of drones for surveillance to reduce human contact, especially in monitoring public spaces for large gatherings that violate health directives.

• Data Analytics and Intelligence-led Policing: As the types

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and locations of crimes have changed during the pandemic, it’s become increasingly important for police to use data to understand these trends. Intelligence-led policing, involves analyzing crime data to predict where and when crimes might happen. This allows the police to focus their efforts more effectively and prevent crimes before they occur. By relying on this data-driven approach, police can use their resources smarter and keep communities safer in these shifting times.

Mental Health Focus

The pandemic has increased stress levels for both the communities, and police officers, making mental health care more important than ever. Police Services and Associations across Alberta have stepped up to improve support for everyone’s mental health.

Support for Officers: Initiatives to provide officers with mental health resources, recognizing the stresses and strains of pandemic-era policing.

Community Mental Health Programs: Partnering with mental health professionals to address an increase in mental health crises within the community, aiming for a response that prioritizes health and safety over enforcement.

Community Relations and Trust Building

The enforcement of public health measures often placed police officers in difficult positions, tasked with enforcing unpopular mandates. This has necessitated a renewed focus on building and maintaining community trust:

• Transparent Communication: Keeping the community informed about changes in policing and the reasons behind them.

• Community Policing Efforts: Strengthening community policing efforts to rebuild trust and support collaborative problem-solving.

Policing in a post-pandemic world is not just about returning to normal but evolving to meet new challenges and expectations and discovering what our new normal looks like. As always, our members continue to adapt, learn, and innovate in response to challenges imposed from the pandemic. As we look forward, the lessons learned during this unprecedented time will undoubtedly influence the future of policing, emphasizing resilience, adaptability, and an ongoing commitment to community engagement and safety.

Be Safe, and take care of eachother.

Decisions...Decisions

Hi AFPA Members,

Hopefully everyone has thawed out from the winter and perhaps were even able to get away from the winter scene for a bit and spend some time in the sun to re-charge the work battery. If so, where did you go and would you go back?

If you worked through the winter and stuck it out, perhaps you are now planning some time away this summer or later in the year, how are your plans progressing?

I’m hopeful you are ready to go to take on the ever-increasing workloads that summertime ultimately brings, but in all honesty I’m not too interested in your specific vacation plans. What I am interested in, is your decision-making process and how organizational decisions affect your day-to-day jobs.

We are too familiar with the added responsibilities and expectations we have from our organizations, various city councils, and the public. As members working in Alberta, we completely understand that policing has a very large spotlight on it, much more than any other governmental agency.

As members, we make decisions based on the environment around us and we react to the situation we find ourselves in. Whether that is at a call for service when you need to adjust midstream, or in a split second, that could be life or career-altering, we understand the responsibility of our decisions. The decisions we make affect not just ourselves and our partners, but some decisions also have far-reaching ramifications across your police service and membership, not to mention your family at home. We have been making minor and major decisions throughout our careers ever since we chose to become a police officer.

We chose to apply, to accept the job offer, to attend recruit

training, to attend our first squad parade, the decision tree is endless. As I’ve already mentioned, we understand the outside pressures and stressors related to our decisions, however our largest concern is our internal organizational stressors. These are decisions made internally within your organization that affect you and your career advancement (or not), whether selected for a course (or not), or how a decision was made to select a member for a specific job posting. There are examples of internal decisionmaking from all angles of the organization that affect the entire membership as a whole, right down to the individual member, such as a change to policy and procedure, or how a decision from a Disability Consultant in HR could affect one person and their output or productivity (or lack of productivity).

We understand our organizations have to make decisions and work within the budgets (and CBA’s) they are provided through their city councils, however these decisions cannot come at the expense of officer safety, member morale, and in the extreme, a loss of member productivity and an increase in sick time. If the latter occurs, this could lead into a dangerous cycle that would be very difficult to turn back. If OT budgets are getting blown out of the water and decisions are being made via alternative methods available through the CBA, let’s please have an eye out for the future, especially for member burn-out. If there is currently an issue with increased sick time and members away on leave, my concern would be an increase in the erosion of member’s working conditions and member’s wellbeing. This would in turn affect the entirety of our memberships.

We will continue to be your voice and challenge our organizations to make the correct decisions for our members and their wellbeing!

Stay safe and stay strong!

As my two year term comes to an end, I cannot believe how fast it has flown by. It would be remiss of me not to acknowledge the following people: Former Presidents Mike Elliott and Chris Young (CPA), Curtis Hoople (EPA), Marc Gaumont (LPA), Mark Flynn (MHPA) and many other past and present board members I feel bad for not mentioning. And last, but by no means least, Howard Burns, Executive Director, who is a fountain of knowledge of all things Association wise. A big thank you to Jay McMillan from LPA for his advice and insights into association matters that have helped me navigate the role of being part of a Police Association executive.

Prior to coming on to the AFPA board, and despite being on the Taber Police Association for fifteen years, I really didn’t know exactly what being on the AFPA board entailed. Each member of that board not only has their home agencies contract negotiations and issues to deal with, they are also part of a group that has all the Alberta policing agencies best interests at heart. From body cameras to pensions, hosting training and events to lobbying MLA’s and MP’s, there is so much that goes on behind the scenes that the regular member on the beat just does not see, but will in some way or other be affected by. In the two years that have passed, there have been and currently are great changes afoot within policing in Alberta which will undoubtedly affect us all.

I have learned that issues that may seem big to a small service, and small to a big service, are still issues within policing in and outside of Alberta. The ability to lean on the experience of the AFPA board and their resources is definitely worthwhile for all involved.

How is a police officer’s workload measured when there is so much more that an officer does in a typical work day?

When we all work in positions that do not only encapsulate the number of charges laid, the number of traffic tickets issued, and even the number of calls attended, how do we record what occurs each and every shift?

With the addiction issue becoming more and more prevalent and the justice system seemingly unable or unwilling to step up and provide appropriate authorities and resources to deal with it. Mental health issues are on the rise and police agencies more often than not being the first or sole responders. There are programs within the province that are beginning to team mental health professionals up with law enforcement but it is more often than not that the police officer is the sole person dealing with these affected individuals. Frauds are more complex investigations than before. All these issues are time consuming to the regular officer and usually have little to show for the effort and time put in.

Members do get frustrated when the work carried out is time consuming, but is not capable of producing hard statistics such as, criminal code charges laid or traffic tickets issued. It comes down to the fact that you cannot quantify that workload. Obviously the police executive have to report to their respective police commissions, councils, the province and also the public with these figures.

It is a requirement, but emphasis should also be put on those “non statistical” producing calls from everyday policing. This is just another pressure that adds on to those already felt by police officers. Finding a way to show this may help alleviate even a small amount of that unneeded and definitely unwanted pressure.

Representing the smaller agencies on the AFPA board has been a truly worthwhile experience and I look forward to seeing what AFPA can do for policing over the upcoming years.

Finally, I would like to give a big shout out to Chris Nguyen, a twenty year member formerly of Blood Tribe Police Service, and now with Taber Police Service, who this year received the Town of Taber Citizen of the Year award and also the Blue Line Lifetime in Law Enforcement Achievement award for his outstanding work, not only in his role as a police officer/SRO, but his dedication to his community.

Hello AFPA members,

I am sure you are as happy as I am this winter is now behind us!

When I first decided I wanted to learn more about the work of our Association, the CPA had timely advertised for members who would like to join the newly formed Stewardship Program. I was fortunate to work alongside a CPA member who was able to provide some background and the vision of the program. I was successful in my application and spent the next few years as the steward for my patrol district. I found the position very interesting and rewarding. As a director, I am happy to have been assigned this portfolio as the program has now grown to over 13 stewards representing every area across the service. I am certain every AFPA member spends many hours “off the corner” of the desk working through assisting our members, preparing for contract negotiations and the plethora of other duties and responsibilities that come with the role. Our stewards bring tremendous value with their dedication to being available to the membership to answer questions or bring concerns forward to the board. If you would like more information regarding what is working with our program please do not hesitate to contact me.

It has been a year and a half since I joined the Calgary Police Association (CPA) and AFPA. I am the first to admit when I was assigned to the AFPA board when I joined I had no idea what

the association did or the benefit to the CPA for being a member of it. With just the short time with both Associations I can clearly see the benefit and potential for even more value in the future! As my experience and knowledge has grown in the past months so has my appreciation of the experiences the various groups share throughout the province. I can say with steadfast certainty the lessons learned, both positive and negative, can have a tremendous impact on all of us. Regardless of the size of the Association, most of us seem to share many of the same challenges and being able to discuss these challenges with the larger group can provide insight and often viable solutions. I am constantly impressed with the knowledge and historical information our Executive Director Howard Burns provides to the membership, Thank you Howie!

As a board, we endeavored to provide additional Director training to more of the membership. In January, I attended the board training hosted by the Edmonton Police Association along with another director from the CPA. We both agreed the information provided over the two days was relevant and extremely useful. I am certain these types of training with continue for all of us in the coming years and strongly encourage anyone to attend. A big thank you to Cory Kerr and Curtis Hoople for arranging all of us to attend.

Stay Safe!

YOU’RE GROUNDED

It seems that not a week goes by without a news story detailing the problems being encountered by the travelling public flying with Canadian airlines. As I sit to write this article in January 2024, the Calgary Global News headline reads; WestJet cancels more than 500 flights over 5 days leaving customers demanding compensation. The story goes on to explain how the extreme cold temperatures in Alberta had a compounding impact on WestJet’s operations, resulting in multiple flight delays and cancellations. All of this begs the very simple question; under what circumstances are airlines required to compensate their passengers? The question may be simple, but the answer is far from it and is actually quite complicated; however, I think I can shed some light on things for our readers by sharing my own experience and detailing what I learned. Here’s my story:

My wife and I went on vacation to Mazatlán, Mexico in December 2023. I booked our flights directly through the WestJet website. The outgoing flight was direct, but the returning flight had a connection in Edmonton. I would have preferred a direct returning flight, but none was offered on our return date. I had some concern over the short layover time in Edmonton (75 mins), but came to the conclusion that WestJet wouldn’t offer the itinerary if it wasn’t possible to complete it.

Our outgoing flight to Mazatlán was a bit late leaving Calgary due to the de-icing process; however, the time was made up in the air and we actually landed a little early. We really enjoyed our vacation and we were set to fly out at 2:15 PM on our final day (to Edmonton). That morning, I received a text message from WestJet indicating that our flight departure time had been delayed by 30 minutes. The reason given for the delay was “unscheduled aircraft maintenance”. At the airport, I received a second text message indicating a further delay, but the reason had changed to “an issue outside of the airline’s control”. No details on what the issue was were provided in the message.

When all was said and done, we were just under 90 minutes late departing Mazatlán and it was fairly evident that we wouldn’t

be making our connecting flight to Calgary. Our pilot apologized for the delay, and he explained that it had been caused due to issues loading a mobility device / scooter prior to leaving Edmonton earlier that day. It turned out that the same plane and flight crew were doing a roundtrip from Edmonton and back. We learned from our flight attendant that the earlier delay in Edmonton was a result of problems removing the lithium battery from a mobility device prior to loading. I noted at the time that the actual reason for the delay didn’t jive well with the two text messages I had received earlier.

Upon landing in Edmonton (just after 8:00 PM), I turned on my cell phone and received two more text message from WestJet. The first indicated that we had been moved to the Calgary flight departing Edmonton at 06:30 AM the following morning. The second was an apology and an offer for a hotel and two $15.00 meal vouchers. The offer involved clicking a link and selecting a local hotel from a list of about ten. I had a hotel room in place before my luggage even came off the airport baggage carousel. At this point in time, I was actually pretty impressed with WestJet and how they had dealt with the situation.

We took the complimentary hotel shuttle to a nearby Best Western hotel and everything went seamlessly. Once checked in, we decided to have dinner at the hotel restaurant as we hadn’t eaten since leaving Mazatlán. The food was good and we were even able to use our two $15.00 meal vouchers; however, that only covered about half of the actual cost of the meal. I kept the meal receipt as I planned to ask WestJet for full reimbursement.

Since WestJet booked us on the 06:30 AM flight to Calgary, we had to leave our hotel at 04:30 AM (less than ideal) and obviously missed out on the hotel’s complimentary breakfast. Upon arriving at the airport, we checked in, made our way through security and had a light breakfast in the terminal. I kept the breakfast receipt for reimbursement purposes. Our flight was on-time and we arrived in Calgary at 07:30 AM, some 10 hours later than originally scheduled.

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The day after arriving home, I submitted our meal receipts and requested that WestJet reimburse us for our out-of-pocket expenses, totaling an additional $57.32. I was quite surprised when they refused to do so, replying that we had used their $15.00 meal vouchers and that my airport breakfast receipt was not completely itemized! I responded that $15.00 each wasn’t a reasonable amount to purchased both dinner and breakfast. I also pointed out that their own ticket tariff mandated that they pay a passenger’s reasonable expenses arising from the delay, upon the production of receipts. WestJet stopped responding to my e-mails and it became clear that I had been put on ignore.

Not being one to readily accept “NO”, I began to look for other ways to seek reimbursement for our out-of-pocket expenses. The amount owing was too small to pursue through small claims court, so I had a look at the Canadian Air Passenger Protection Regulations (APPR) and found that our situation could be pursued via a complaint to the Canadian Transportation Agency (CTA). The regulations stipulate that in situations where a delay in departure is 2 hours or more and within the control of the airline, the airline is responsible for providing, free of charge, “food and drink in reasonable quantities”. I determined that I could complain that WestJet’s $15.00 meal vouchers were insufficient to meet their obligation under the circumstances. Further, their refusal to reimburse was not reasonable and a direct violation of their own ticket tariff (a decent two-pronged argument).

From reviewing the APPR, I also came to the conclusion that my wife and I were likely eligible for flight delay compensation due to our 10-hour delay in reaching Calgary. Since I was already complaining, I went with the old adage, in for a penny, in for a pound and decided to complain about everything.

Before an official complaint can be filed with the CTA, a compensation claim must first be made to the airline and they have 30 days in which to respond. In our situation, WestJet had made it abundantly clear they would not reimburse us for our out-of-pocket meal expenses; however, we still needed to provide them with an opportunity to review our flight delay compensation claims. I filed our claims (one for each of us) and waited.

As anticipated, WestJet denied our flight delay claims and that cleared the way for our CTA complaints on both matters (flight delay & meal expenses). WestJet denied our flight delay compensation claims on a Friday (via a generic form e-mail) and I filed our official CTA complaints the following day (on-line). At the time of filing, the CTA advised of an 18-month adjudication back-log, so I wasn’t anticipating a quick resolution to our claims. A few days after filing our CTA claims, WestJet had a sudden change of heart. Without any explanation, they reversed their earlier decision and approved our flight delay claims, paying each of us the APPR mandated amount of $1000.00 for delays over

9 hours. Surprisingly, they chose not to deal with the original meal expense claim and that complaint is still winding its way through the APPR system. At the time of writing, there are over 60,000 complaints ahead of it in the que.

I learned quite a bit navigating the APPR complaint process and we certainly appreciated the $2000.00 in compensation it eventually yielded; however, we would have been happy customers had WestJet just reimbursed us for our original meal expenses. Until these expenses were rejected, we were really quite impressed with how WestJet had treated us and we wouldn’t have sought any additional compensation.

Here are some key takeaways from our APPR experience:

1. Educate yourself on the APPR before you travel. The CTA has plenty of helpful information available on their website https://otc-cta.gc.ca/ It is important to understand that not every flight delay is eligible for compensation. The airline is not responsible for situations outside of their control. The CTA has a “Highlights” document that can be printed and carried with you for quick reference.

2. If you experience a flight delay, try and determine the cause. Ask the flight crew or other airline staff (they probably know and they might tell you). The airlines may not provide you with detailed reasons for the delay after the fact and that can make it difficult in determining whether you have a claim for compensation or not. In my situation, WestJet never did provide any specifics, but I knew the reason for the delay from talking with a flight attendant.

3. Save everything related to the flight delay (text messages, e-mails, ticket itinerary etc.) and make notes on what you are told. All of this will be needed to file an APPR complaint.

4. Familiarize yourself with the “Standards of Treatment” requirements under the APPR. If an airline provides food, drink and / or accommodation, it is very likely the flight delay is within the airline’s control and further flight delay compensation may be in order. However, that isn’t always the case, situations where the delay is within the airline’s control but required for safety purposes are not eligible for delay compensation. As per # 2 above – try and determine the cause of the flight delay at the time. It becomes much more difficult after the fact.

5. Don’t just accept “NO” as an answer to your compensation request. Do your homework and determine whether the airline’s response is reasonable under the circumstances. Appreciate that some businesses start with “NO” as many people tend to accept it and go away.

Make sure you know your rights under the APPR and happy flying!!

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