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Family outraged after Air Canada sat their 18 month old alone on a flight — Why advocates say passenger rights need better protection

A Canadian family is fuming after Air Canada planned to place their 18-month old more than five rows away from her parents — and no enforcement action was taken against the airline.

The McLachlans were flying home to Toronto on an Air Canada Rouge flight in January, CTV News reported (1), when their flight was delayed for five hours. Once the couple boarded after an initial mixup with the attendants thinking their 18-month old daughter Molly wasn’t guaranteed a seat and placed on standby, another hitch appeared — Molly was assigned a seat multiple rows from her parents.

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Air Canada told the family they were required to fix the issue themselves while on board, and thankfully a number of kind passengers switched seats so Molly could sit with a parent. But after the incident, feeling that Air Canada didn’t make due on its obligations to sit Molly with her parents, the family filed a report with the Canadian Transportation Agency (CTA).

Recently, the family received a call that the CTA would not be taking any action against the airline. The McLachlans were not surprised by the decision. They had kept their expectations low.

In an email to CTV, the CTA noted that no regulations were broken as Molly didn’t end up sitting apart from her parents on the flight. But, there’s disagreement about whether or not the responsibilty for the situation rests on the shoulders of the McLaughlans or on Air Canada.

Passenger rights in Canada

Passenger rights in Canada, specifically regarding seating, are laid out in Air Passenger Protection Regulations guidelines. According to the CTA (2), the regulations are clear that airlines have the responsibility to help seat a child under the age of five with their parent.

“Airlines must, at the earliest opportunity and at no extra cost, take steps to seat children under the age of 14 near their parent, guardian or tutor. The distance will depend on the age of the child,” the agency explains.

Seating wasn’t the only issue for the McLauchlans, though. Molly was also placed on standby, though that particular issue was resolved before it became an issue. In cases where a flight is overbooked or a plane is changed sizes due to an operational issue, Air Canada (3) can deny boarding to its passengers. However, there are some stipulations.

For instance, the airline must ask for volunteers prior to denying boarding. If you are randomly chosen to be denied boarding, meet eligibility requirements and experience delays at your next gate, the airline must give you compensation. Delays of nine hours or more can result in compensation of $2,400.

But, of course, in Molly’s case, the isssue wasn’t just any passenger being put on stand by. It was the fact she’s an infant which, contrary to what her parents experienced, is against Air Canada’s “Children Travelling Alone” policy, which states that children under the age of eight must be accompanied by a passenger 16 or older and sit adjacent to that adult. It’s an error that never should have happened.

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What passenger advocates are saying

The decision from the CTA has brought flak from passenger advocates, notably Gabor Lukacs, the president of the air passenger advocacy group Air Passenger Rights.

“When we look at what the CTA has done here, it demonstrates that there is no genuine willingness to enforce passenger rights,” he told CTV.

Lukacs compares the flight issue to someone running through a red light, harming another driver and driving off. Even if the hurt individual was helped by others and cared for, that doesn’t erase the guilt of the hit-and-runner, Lukacs explained to the news outlet.

“So in this case, Air Canada clearly should have been fined for breaking the APPR,” he added.

How you can manage travel chaos

The McLachlans’ story might make you nervous about travelling by air with your baby, but there are things you can do to protect yourself and your family from similar stress.

Here is some advice to help if you find yourself in a situation like the McLauchlan family.

For the McLachlans, the ordeal is a reminder that even routine flights can turn stressful — especially when travelling with young children. While their daughter ultimately sat safely with her parents, the lack of accountability from the airline and the CTA leaves lingering questions about how well Canada’s passenger protections really work. For families planning air travel, the message is clear: know your rights, be prepared to advocate and don’t assume that policies alone will safeguard your child.

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Article sources

We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.

CTV News (1); Canadian Transportation Agency (2); Air Canada (3); Air Canada (4); Air Passenger Rights (5)

This article originally appeared on Money.ca under the title: Family outraged after Air Canada seats their 18 month old alone — Why passenger rights need to be reevaluated

This article provides information only and should not be construed as advice. It is provided without warranty of any kind.