Justice Duncan determined that the public interest in the proper administration of justice outweighed the importance of the statutory privilege attached to the cockpit voice recorder. On April 16, 2021, the Nova Scotia Court of Appeal released its decision concerning The Transportation Safety Board of Canada’s appeal of the interlocutory decision of the Honourable Justice Patrick Duncan, which authorized the conditional release of the contents of the cockpit voice recorder of the Air Canada Flight 624. We will provide updates, once the decision is received. The hearing before the Supreme Court of Canada took place virtually on March 17, 2022, and the Supreme Court reserved its decision. On October 14, 2021, the Supreme Court of Canada granted the Transportation Safety Board permission to have its appeal heard, on an expedited basis. The Transportation Safety Board sought permission from the Supreme Court of Canada to appeal the Nova Scotia Court of Appeal decision. Most parties to the action consider the CVR to be relevant and valuable evidence as to what happened in the cockpit immediately preceding the crash, and thus important for determining fault of the various involved defendants. These decisions were in opposition to the position of the intervenors, the Transportation Safety Board and the Air Canada Pilots Association, who argued the CVR should not be released. ![]() ![]() As explained in former updates, both levels of court in Nova Scotia have ordered that the cockpit voice recording (CVR) be released to counsel for parties in this action.
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