Halifax air crash voice recording can be disclosed in civil case, Supreme Court rules

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Supreme Court upholds ruling that Halifax cockpit recording in public interest

The cockpit voice recording from an Air Canada plane that crashed on a Halifax runway can be disclosed to parties in a class-action lawsuit, the Supreme Court of Canada has ruled.

The plane, arriving from Toronto, hit the snow-covered terrain short of the runway, bounced into the air and struck the ground twice more before sliding along the tarmac and coming to rest. Twenty-five people were taken to hospital. Airbus S.A.S. sought access to the voice recording and a transcript, arguing it was necessary for a fair trial – a move the Transportation Safety Board, though not a party in the class action, opposed in court.

The board contended that Parliament’s aim in establishing the privilege attached to cockpit voice recordings – protecting pilot privacy and promoting public safety in air transportation – would be undermined if the Halifax recording were disclosed in the class action.

 

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