Obese Airline Rights: Canada Court Rules The Obese Have Rights To Two Seats

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First Posted: 11-20-08 11:04 AM   |   Updated: 12-21-08 05:12 AM

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Reuters:

OTTAWA (Reuters) -- Obese people have the right to two seats for the price of one on flights within Canada, the Supreme Court of Canada ruled on Thursday.

The high court declined to hear an appeal by Canadian airlines of a decision by the Canadian Transportation Agency that people who are "functionally disabled by obesity" deserve to have two seats for one fare.

The airlines had lost an appeal at the Federal Court of Appeal in May and had sought to launch a fresh appeal at the Supreme Court. The court's decision not to hear a new appeal means the one-person-one-fare policy stands.

Read the whole story: Reuters

OTTAWA (Reuters) -- Obese people have the right to two seats for the price of one on flights within Canada, the Supreme Court of Canada ruled on Thursday. The high court declined to hear an appeal ...
OTTAWA (Reuters) -- Obese people have the right to two seats for the price of one on flights within Canada, the Supreme Court of Canada ruled on Thursday. The high court declined to hear an appeal ...
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- TimeGrid I'm a Fan of TimeGrid 2 fans permalink

Dumbo the elephant could fly very comfortably whenever he liked!

    Favorite    Flag as abusive Posted 07:25 PM on 11/20/2008
- DingoDave I'm a Fan of DingoDave 30 fans permalink
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Another alternative might be to set aside, and charge extra for 'business class' sized seats, but without all the other perks that go along with flying 'business class'. That way, larger passengers such as very tall people, or just plain big framed people could enjoy a little extra comfort, without paying the substantial price increases that come with flying full-blown business class.
Would something like that work?

    Favorite    Flag as abusive Posted 07:22 PM on 11/20/2008
- gwhizz I'm a Fan of gwhizz 20 fans permalink
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That's what they do (or were doing about a year ago) on United. You could upgrade to a roomier section of the plane, but everything else was the same. I took advantage of it on a cross country flight and it was almost pleasant.

Keeping in mind of course that the bar on "pleasant" when referring to air travel is a very low one.

    Favorite    Flag as abusive Posted 09:49 AM on 11/21/2008
- DingoDave I'm a Fan of DingoDave 30 fans permalink
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I could agree with the legislation, if these obese passengers were required to produce a medical certificate indicating that their obesity was due to a genuine medical condition, and not simply because of inactivity and/or excessive eating.

Other than that, why SHOUDN'T they have to pay for two seats?

    Favorite    Flag as abusive Posted 07:10 PM on 11/20/2008
- AmandaBC I'm a Fan of AmandaBC 614 fans permalink
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"I could agree with the legislation, if these obese passengers were required to produce a medical certificate indicating that their obesity was due to a genuine medical condition, and not simply because of inactivity and/or excessive eating."

Nobody wants to become f.at deliberately. Studies have shown that depression is one of the leading causes of obesity. The big problem is, only tiny percentage of depressed people are diagnosed and receive any treatment. Where's your compassion?

    Favorite    Flag as abusive Posted 07:42 PM on 11/20/2008
- TimeGrid I'm a Fan of TimeGrid 2 fans permalink

I agree with you, yet... the percentage of "obese" people is increasing steadily...
It's because of harmful (but very economically effective) food processing... all those transgen fats... additives and genetically modified things... flavourings that make people become addicts to certain foods, and so on...
It's also because of the lack for preventive healthcare...
And because healthcare as a whole is handled as an "optional privilege" rather than as a "right".

Obese people are now given the "right" to use two seats on a plane, but were not given the "right" to access proper preventive healthcare before they became obese...

    Favorite    Flag as abusive Posted 07:50 PM on 11/20/2008

I don't want to be a lazy ass either... give me a break. If you have a medical condition, OK, I get that, but those case are rare. The vast majority of obese people simply don't care. They eat all they want, don't exercise, and expect us to understand. For those people I have no sympathy!

    Favorite    Flag as abusive Posted 08:09 PM on 11/20/2008
- LolaP I'm a Fan of LolaP 16 fans permalink
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I agree with that, but a survey I saw on a documentary said only 0.something % of obesity was due to a true medical condition. (other than addiction perhaps, if that qualifies as a medical condition - in which case - perhaps I, as a smoker, should have my own smoking booth for the price of a normal seat) But no, I don't think any addictions should be encouraged.

    Favorite    Flag as abusive Posted 07:47 PM on 11/20/2008
- txfriend I'm a Fan of txfriend 7 fans permalink

There are lots of circumstances that lead people to gain large amounts of weight. If an older adult has mobility problems like arthritis or injuries, and then develops a thyroid problem or diabetes, this can lead to weight gain. We all know healthy food rich in nutrients costs money. Some people just can't afford good food. There are also mental health problems that compound a persons ability to take care of themselves. C'mon people, I thought this was the new era of smart people and not selfish-reactionary insight. THINK!!! And let's face it, the airlines have squished us all closer together to add more seats to a plane and increase profits. I don't feel sorry one bit for the airlines or Boeing.

    Favorite    Flag as abusive Posted 08:20 PM on 11/20/2008

OK, so let me get this straight: I book a flight formyself as well as 2 other people, and we get seats assigned next to each other. We book the flight early, because it goes to a popular destination at a must sought-after time. When the time for flying comes, the flight is fully booked.
All is well and fair so far - until we get onto the plane, where we then find out that we cannot sit together because some obese person has booked ONE seat next to ours, but it turns out that person is so morbidly obese, he/she needs TWO seats.
So, to top it all off, since the flight is booked solid, ONE OF US will have to give up his/her seat and even miss the flight, just so that other freeloader can sit and spread over two seats????????
Who will pay us for the missed vacation? Who will pay for the non-refundable hotel room and other sightseeing trips we have booked in advance? (I wish I could actually do all that, but the above is just for the sake of argument.)

    Favorite    Flag as abusive Posted 06:45 PM on 11/20/2008
- Topfeeder I'm a Fan of Topfeeder 35 fans permalink

What would probably happen is the same exact thing that happens every single time I fly on popular routes. The airline would have overbooked the flight from the start. They would offer free tickets to those that are flexible. Then they would up the ante with free hotel rooms and free future flights. Someone would jump at the freebies and take a later flight. No big deal.

    Favorite    Flag as abusive Posted 06:54 PM on 11/20/2008

I'm guessing that you've never been "bumped" from a flight before? You can tear into the fatties if it helps, but I can tell you that it's a moot issue. You can get the shaft from the airlines in any number of ways.

Personally, I'm really tall, and I'm sick of having to have you friggin' pygmies mash up my knees and tilt your chairs back so I can stare at the top of your head, and deny me the ability to use my laptop. Hell, if there was a gap between the seatback and the lower cushion of the airplane chairs, I could probably impregnate the person (well, woman) in the seat in front of me.

No. I'm exaggerating a bit. The point is, they've got us looking to tear into each other, when the core problem is that they treat us like sardines. Or cattle maybe. Next time you think the problem is the people who are unlike you, give it a second thought, and be thankful you aren't especially fat or tall. I know I have a hell of a time finding shirts that don't look like baby-tee's.

    Favorite    Flag as abusive Posted 07:02 PM on 11/20/2008

Yeah, but then you get all the attention and girls, so shut up :)

    Favorite    Flag as abusive Posted 08:12 PM on 11/20/2008
- gwhizz I'm a Fan of gwhizz 20 fans permalink
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I've been bumped. I've also voluntarily given up a place on a plane. It's never been because someone decided upon boarding they needed--were entitled to-- 2 seats!

    Favorite    Flag as abusive Posted 09:52 AM on 11/21/2008
- bayside I'm a Fan of bayside 41 fans permalink
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If canadas seats are anything like american airlines seats they are trying to save money by making them kid size. No room for feet.... Good for canada..

    Favorite    Flag as abusive Posted 06:21 PM on 11/20/2008

They're the same, they don't make special planes for Canada or US

    Favorite    Flag as abusive Posted 08:13 PM on 11/20/2008
- AmandaBC I'm a Fan of AmandaBC 614 fans permalink
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Actually, it's not entirely true. Different airlines have different seat arrangements in the same plane.

    Favorite    Flag as abusive Posted 08:54 PM on 11/20/2008
- MCpiano I'm a Fan of MCpiano 2 fans permalink

Obese people should be able to use two seat if, based on availability, they pay for two seats.

    Favorite    Flag as abusive Posted 06:15 PM on 11/20/2008

I think rather than ruling like this, the courts should have mandated that the airlines put in larger seats.

I mean heck, I'm a big guy--I'm 6'2" and weigh about 240 pounds--but I'm not obese. I'm just a big guy, sort of a linebacker without the gift of speed if you will. Therefore, I can't claim "obesity" and take 2 seats. I can't fit in those coach class seats, I have to fly first class. Obesity has nothing to do with it, those seats are designed for small people. Even if I was an average sized guy at 6' even and about 180 pounds I'd have a hard time fitting in those things. They cram you in like sardines.

    Favorite    Flag as abusive Posted 06:07 PM on 11/20/2008
- Forester I'm a Fan of Forester 109 fans permalink
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yes yes yes

    Favorite    Flag as abusive Posted 06:14 PM on 11/20/2008

I have the same problem. 6'5", 270 lbs. Yes, that is a high weight, but I was a football player, and have only 15% body fat even now. I am just a big damn guy who hits the weight hard. On my honeymoon flight to Hawaii, I was stuck in a small window seat and was uncomfortable for the whole trip. Bigger seats would be nice, but this ruling is ridiculous.

    Favorite    Flag as abusive Posted 06:39 PM on 11/20/2008

Maybe the courts ruled that way because it's a cheaper solution than having the airlines put in larger seats.

    Favorite    Flag as abusive Posted 06:50 PM on 11/20/2008
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Having been encroached on in my seat many times by an obese passenger next to me, perhaps the airlines should post the weight of each passenger when they select a seat, so that other passengers can select seats elsewhere. One person's rights should not be allowed to affect another's.

    Favorite    Flag as abusive Posted 06:03 PM on 11/20/2008
- Topfeeder I'm a Fan of Topfeeder 35 fans permalink

Let's just send 'em to their own little island colony where they can encroach on each other all day long. :-) Honestly, who would choose to sit between two obese people? Can't you see that what you are proposing is discrimination?

    Favorite    Flag as abusive Posted 06:21 PM on 11/20/2008
- rigormrtis I'm a Fan of rigormrtis 14 fans permalink
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How do you choose?

Put a Cinnabon between them and have a fight to the death.

    Favorite    Flag as abusive Posted 06:34 PM on 11/20/2008

They should have a special row for bigger people -- not necessarily fat. Maybe put a premium on each seat, 20% more. If you have more luggage you pay more, why not the same of body weight. If we're sardines, treat us like that all the way.

    Favorite    Flag as abusive Posted 08:16 PM on 11/20/2008
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This is inane. The airlines offer seats of a particular size. If you can not fit in a single seat then you should be required to purchase 2 seats, not gifted one for free. If you are hungry and a single Happy Meal won't fill you up McDonald's doesn't give you a second one for free.

    Favorite    Flag as abusive Posted 05:51 PM on 11/20/2008
- AmandaBC I'm a Fan of AmandaBC 614 fans permalink
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...but if you are Je.wish, vegan, or on a low-sodium diet, you do get a more expensive meal for free (and that means "normal" people would have to pay more.) Come on, I'm waiting to hear your rant against Je.ws, vegans and people with high blood pressure...

    Favorite    Flag as abusive Posted 07:46 PM on 11/20/2008
- katedog I'm a Fan of katedog 10 fans permalink
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The "more expensive meal" (what $10 bucks?) of those of jewish faith or dietary concerns doesn't affect you. A kosher and/or low sodium sandwich won't press up against you during a long flight; it won't prevent you from booking a flight because it's taking up a second seat that could have been yours. An obese person does.

Sure, there are those with health concerns that cause obesity, and there are larger non-obese people (like the exfootball players who posted here), but the majority of people suffering from obesity eat poor diets, don't exercise, and therefore carry excess fat. why should you/we pay for bad habits?

    Favorite    Flag as abusive Posted 08:14 PM on 11/20/2008

No problem; if the food they eat costs more then they absolutely should pay more. In the store when I buy something they don't lower the price of the healthier food just because I have a condition. Just bring your own food and be done with it or pay up.

    Favorite    Flag as abusive Posted 08:19 PM on 11/20/2008
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I am not ranting against the obese. If you think I am then you missed the point. Besides, you are really going to tell me that the additional $1 that a vegan or kosher meal might cost is in any way equivalent to the cost of an entire seat? If so then you are dumber than I thought.

    Favorite    Flag as abusive Posted 08:53 PM on 11/20/2008
- Topfeeder I'm a Fan of Topfeeder 35 fans permalink

I can't believe all the animosity on this thread. Really, if a person needs 2 seats to accommodate their girth, what does it really matter to you? Why does it matter if they got that way because of genetics, a bad thyroid gland, depression or Krispy Kreme? It is what it is. They are the ones that will suffer the poor health not you.
Worry about your own situation and stop judging. I guess fat people are one of the last remaining acceptable targets for discrimination and hate.

    Favorite    Flag as abusive Posted 05:44 PM on 11/20/2008
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NO! You are missing the point entirely. When an obese person gets two seats on a plane then the airline loses money on the transaction as they prevent the airline from selling the second seat and yet they still add weight which uses fuel. This raises the cost basis for the airline while simultaneously reducing revenues. And how does the airline make up for this shortfall? They raise rates on all seats.

Thus, this ruling DOES affect me. It affects all of us because it will result in additional costs for us to travel.

This is a dumb ruling.

    Favorite    Flag as abusive Posted 06:01 PM on 11/20/2008
- Topfeeder I'm a Fan of Topfeeder 35 fans permalink

Using your logic, skinny people would get cheaper seats? But that is not the way ticketing works. One human being buys one ticket for his fare. His size is irrelevant. You are not weighed, so neither should he be.

    Favorite    Flag as abusive Posted 06:08 PM on 11/20/2008
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mean. mean. mean. heh
I think the airlines should be forced to build special seats to accomodate these weight challenged folks, and a special bathroom. Who cares about costs. We are talking about basic human rights to comforable airline flights.

    Favorite    Flag as abusive Posted 06:08 PM on 11/20/2008
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If you really believe this then you don't understand life at all. We all descriminate. Every one of us in every second of every day. Discrimination means choice. I choose who I hire. I choose where I shop. I choose what I eat. I choose who I will be friends with. These are ALL forms of discrimination.

Discrimination is not predjudice and it is not hate. I do not hate someone just because I choose to hire someone else. I do not hate pizza because I choose to eat sushi. I do not hate one person because I choose to be friends with another.

The problem is when we pre-judge other people based on qualities about them over which they have no control. If I assume something about someone because they are black, or female, or disabled in some way then I am guilty of prejudice. However, if I pre-judge that someone who is obese probably eats too much then I am not guilty of prejudice...I am guilty of fairly simple deductive reasoning.

I am not advocating hatred of the obese. I have many friends who are overweight and I love them very much. But our culture has taken obesity as a civil rights issue, as evidenced by this ruling, and it is NOT! Obesity is a personal and societal PROBLEM and we should NOT be enabling it.

    Favorite    Flag as abusive Posted 09:26 PM on 11/20/2008
- Topfeeder I'm a Fan of Topfeeder 35 fans permalink

You're right I don't understand life at all. Please explain it to me. You have such a way with words, for instance, you have said on this thread alone, "you are dumber than I thought.", "you have no grasp of basic economics.", and my personal favorite quote of yours "Discrimination means choice." Gee, I always thought that discrimination implied prejudice or at the very least least bias.

Please hurry up with that explanation of life because I am only 48 with two college degrees, a couple of marriages and one child. I might want to start this life thing in the very near future. It sounds like fun.

    Favorite    Flag as abusive Posted 09:58 PM on 11/20/2008
- gwhizz I'm a Fan of gwhizz 20 fans permalink
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It doesn't matter. If they PAY for the added space they require for whatever reason.

    Favorite    Flag as abusive Posted 09:55 AM on 11/21/2008

What about large, muscular people who are technically not obese?

    Favorite    Flag as abusive Posted 05:42 PM on 11/20/2008
- AmandaBC I'm a Fan of AmandaBC 614 fans permalink
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If they don't fit in a seat, then they should be given two seats.

    Favorite    Flag as abusive Posted 05:45 PM on 11/20/2008

"If they don't fit in a seat, then they should -pay for- two seats."

There, fixed it for ya ;)

    Favorite    Flag as abusive Posted 06:00 PM on 11/20/2008
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Correction, if they don't fir in the seat then they should be forced to buy another seat or upgrade to a class which has more room.

    Favorite    Flag as abusive Posted 06:02 PM on 11/20/2008

Geez. If the obese people can't fit the doorway, do they get a special airplane? This is ridiculous logic.

    Favorite    Flag as abusive Posted 06:34 PM on 11/20/2008
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So do passengers now have to be weighed like the luggage to see who qualifies....mass wise....for a free extra seat?

    Favorite    Flag as abusive Posted 05:39 PM on 11/20/2008
- AmandaBC I'm a Fan of AmandaBC 614 fans permalink
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You're making a big fuss out of nothing. On most flights I've had the entire row all for me to stretch and sleep. Nope, I'm not f.at and I didn't have to pay extra. I'm pretty sure my experience isn't unique...

    Favorite    Flag as abusive Posted 05:47 PM on 11/20/2008

Now that the airlines are cutting back on the number of flights there are less vacant seats. I've flown several times this year and all the flights appeared to be filled, but there might have been a few open seats so I guess it would be the luck of the draw.

    Favorite    Flag as abusive Posted 05:59 PM on 11/20/2008

You have the entire row to yourself is because it's a bonus/freebie. If the plane wasn't vacant you wouldn't have these privileges. Also, they can take it away at any time because you didn't pay for those seats.

    Favorite    Flag as abusive Posted 06:33 PM on 11/20/2008
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And in many restaurants I could have a whole booth to myself. SO WHAT? Obviously you don't do the shopping in your house as you have no grasp of basic economics.

    Favorite    Flag as abusive Posted 09:11 PM on 11/20/2008
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I think a big part of the ruling would be where do you draw the line. Some people are just huge and are not obese. Do you start charging them extra too? I mean if you let airlines draw the line, they would probably make anyone over 120 lbs. obese for Pete's sake.

http://billmel8er.wordpress.com

    Favorite    Flag as abusive Posted 05:37 PM on 11/20/2008
- drjay79 I'm a Fan of drjay79 4 fans permalink

The ruling is two seats for the price of one. No extra charge.

    Favorite    Flag as abusive Posted 05:46 PM on 11/20/2008
- DXM I'm a Fan of DXM 12 fans permalink
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With rulings like this combined with the increases in jet fuel costs, it's just a matter of time before airlines start charging by the weight of the passenger plus their baggage (checked or carry-on). Maybe that would be fairer in the end.

    Favorite    Flag as abusive Posted 05:35 PM on 11/20/2008

does this mean that two very skinny people can share one seat? why not?

    Favorite    Flag as abusive Posted 05:33 PM on 11/20/2008

Or a parent and child. Think of the money I would save visiting my family!

    Favorite    Flag as abusive Posted 06:41 PM on 11/20/2008
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