NT Do air hostesses have any arrest powers?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Ontarian812

Active Member
4 November 2020
11
0
31
I am a Canadian looking to gather perspectives on the matter before I proceed with legal action. Here is what happened:
Me and five of my friends went to the doctor to get our medical exemptions from wearing masks before we were due to fly back to Toronto from Vancouver. Before we entered the plan an air hostess and a policewoman took us to the side and said if we do not comply to the policy we will not be allowed to board and if we refuse to leave, we will be arrested. We refused and the air hostess(whose name I did record) zip tied 3 of us at the wrists and ankles whereas the police officer hand cuffed and zip-tied the other two of my friends alongside.
Could I press charged against the air hostess for exceeding her jurisdiction and the officer for false arrest?
Would this be legal in Australia aswell?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,234
748
2,894
Sydney
In Australia, no prospect at all of a case against the cabin crew.
 

Atticus

Well-Known Member
6 February 2019
1,827
259
2,394
Couple of points that I can see straight off
Me and five of my friends went to the doctor to get our medical exemptions from wearing masks before
May have a medical exemption, but that may not be (legally) sufficient to take priority over the airlines duty of care to other passengers, or whatever COVID safe laws may be in place in Canada at the time.
Do air hostesses have any power of arrest?
Don't know about Canada, but all citizens in Aust can carry out a citizens arrest if the circumstances warrant it.... I'm guessing the cabin crew also have extra powers to direct people at any time, more so if it's COVID related
 

Ontarian812

Active Member
4 November 2020
11
0
31
Couple of points that I can see straight off

May have a medical exemption, but that may not be (legally) sufficient to take priority over the airlines duty of care to other passengers, or whatever COVID safe laws may be in place in Canada at the time.

Don't know about Canada, but all citizens in Aust can carry out a citizens arrest if the circumstances warrant it.... I'm guessing the cabin crew also have extra powers to direct people at any time, more so if it's COVID related
I was surprised because she was just helping the policewoman arrest is by zipping us. I didn't think the circumstances warranted a citizens arrest as we were not disorderly. We just thought(and said) an arrest over a mask exemption was over top and against civil rights.
 

Atticus

Well-Known Member
6 February 2019
1,827
259
2,394
You were given the option to comply with the conditions of entry, leave or be arrested if you refused.... You refused.... You were subsequently arrested by police. The air hostess didn't arrest you. Helping police to restrain you is not an arrest...

We just thought(and said) an arrest over a mask exemption was over top and against civil rights.
You refused to comply with a COVID safety policy put in place during a pandemic to protect ALL people & reduce spread... a virus doesn't care about your civil rights, health, nationality, IQ, how much money you have or don't have , or position in society... If you're human & breathing, you make a good host & are fair game.
 

Ontarian812

Active Member
4 November 2020
11
0
31
The symptomology of covid is akin to the flu that is only to fatal to those with underlying conditions. It thus annot be legitimated over anything.
But say the charge was different, like a suspected smell of weed(when it was illegal) does the air hostess have jurisdiction to tie us up outside the plane? We were also masked after we were zipped.
 

Atticus

Well-Known Member
6 February 2019
1,827
259
2,394
The symptomology of covid is akin to the flu that is only to fatal to those with underlying conditions. It thus annot be legitimated over anything.
I guess you can argue that with a judge, however it's irrelevant. The issue & charge is you refusing to comply with a policy & refusing to leave.
But say the charge was different
It's not different though is it. What's the point of arguing irrelevant hypotheticals....
 

Ontarian812

Active Member
4 November 2020
11
0
31
Oh I did not make that part clear! We did comply with the policy because there is nothing in the policy that say medical exemptions are void AND we were going to leave as opposed to being arrest. We were not allowed to leave on our own power because we were given only two options; mask up or be arrested.
 

Atticus

Well-Known Member
6 February 2019
1,827
259
2,394
Could I press charged against the air hostess for exceeding her jurisdiction and the officer for false arrest?
No on both counts.... Don't know how it works in Canada, but here in OZ citizens don't get to 'press' charges anyway.. Nor were you falsely arrested going on your account.
Me and five of my friends went to the doctor to get our medical exemptions from wearing masks
Sounds a lot like you & your buddies were attempting a bit of civil unrest more then anything ..... So you can go to court & argue that the COVID requirements don't apply to you because of your exemptions (won't work unless there is special mention in the policy/act that mentions that as an acceptable exemption)... Or you could argue that whatever civil right you think you have should somehow be given much more weight than the policy/legislated health emergency act that the poor air crew & police officer were trying to enforce for the good of all & to satisfy the mandatory requirements of their COVID safe measures so that they can actually operate their business (good luck with that)

I kinda hope the judge reads you the riot act for wasting decent folks time & tax payers money.... Maybe a hire car next time. Then you can all sing your hearts out mask free.

BTW, if you don't like wearing a mask when required, you would really hate a ventilator.