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passenger refused to don mask on inbound calgary flight despite flight attendant warnings, court told
a flight attendant told sailer he could face arrest by police, a fine and a ban by the airline if he failed to comply but he refused
jul 7 2022
2 minute read
file photo: an air canada boeing 787 lines up for take off en route to toronto from the calgary international airport on thursday, november 18, 2021.
gavin young/postmedia
despite threats of arrest and a ban on air canada flights, a passenger on an inbound plane to calgary refused to put on a face mask, court was told wednesday.
two flight attendants on a toronto-to-calgary flight on july 20, 2021, said lacombe resident courtney douglas sailer was repeatedly told to put his mask back on after he removed it near the end of the multi-hour flight.
but both sylvia schaefer and eva gomes said sailer, 39, refused their direction to comply with the federal mandate that air passengers must be masked at all times when they’re not eating or drinking.
sailer is charged with failing to comply with instructions of a crew member under the canadian aviation regulations. he faces a maximum fine of $5,000 under the aeronautics act if convicted.
schaefer told crown prosecutor omelia tedesco-white she dealt with sailer after he refused gomes’ instructions to put his mask back on when he was sitting looking at his phone with earphones on.
“eva came up and told me they were having a problem with a passenger who was refusing to wear a mask,” schaefer said.
“i checked my (flight manifest) to see if any passengers had a mask exemption and nobody did.”
she said she approached sailer, who continued to look at his phone.
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“i tapped him on the shoulder and he said ‘don’t touch me,’ ” schaefer testified.
she said she told sailer he could face arrest by police, a fine and a ban by the airline if he failed to comply, but he refused.
“he said, ‘no, i’m not wearing it.’ ”
by that time, the flight had started its descent into calgary and she reported the incident to the pilot, who contacted the airport.
“the police met the flight. everyone had to remain seated (while he was removed),” she said.
“he walked past me with no mask on and a big smile on his face.”
gomes said other passengers were upset by sailer’s conduct in not keeping a face covering over his mouth and nose.
under cross-examination, defence lawyer sean mihalcheon asked if gomes found the burly sailer intimidating.
“no,” she said, before saying the passenger who complained about his conduct was a slight woman with a baby.
const. simon walker, who arrested sailer and removed him from the plane, said he was co-operative.
mihalcheon intends to argue the masking mandate violated his client’s charter rights.
a date to continue the trial before provincial court judge lloyd robertson will be set friday.
twitter: @kmartincourts
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