Airlines are legally responsible for passenger baggage from the moment it is checked in until it is delivered to the passenger, according to the Montreal Convention; this legal framework means airlines must protect bags from tampering and tag-switching schemes, and victims of such schemes can seek compensation from the airline for wrongful detention and related damages.
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Jailed After Checking In: The Baggage-Tag Scam Targeting Canadians | Your MorningAdded:
A Toronto woman is now demanding compensation from Cathay Pacific Airways after falling victim to that baggage tag switching scheme.
>> They kept on denying liability.
>> According to this new W5 investigation, Grace is one of more than a dozen Canadians who have ended up in jail paying thousands of dollars in legal fees after their bag tags were switched at a Canadian airport. So, the question really is now, I mean, who should be held accountable? For closer look at this investigation, I'm joined by Avery Haines, host and managing editor of W5.
Welcome back. Good morning.
>> Good morning, Lindsay.
>> So, Grace spent what, 24 days in jail in the Philippines? You spoke with her.
Uh what is she saying to you?
>> Uh she is deeply traumatized. 24 days in the Philippines without knowing if she would ever get out. Um she talked about the cobwebs and the cockroaches and laying on the floor crammed in with other people in a cell. Finally, um she was released because of evidence that was presented by the RCMP, video evidence that showed when she left Pearson Airport uh the bag that she had.
And um and she flew was flying Cathay Pacific and which is based in Hong Kong and has had a real struggle getting them to take responsib- financial responsibility for the ordeal. She figures she's about $40,000 in. Uh they wouldn't even, she claims, compensate her for her return flight which she missed because she was in jail. We reached out to Cathay Pacific to try to get some kind of a response from them. They uh did not reply to any of our emails. But, I will say, Lindsay, it wasn't just Grace who reached out. I spoke to a number of other people who were in foreign countries in just really horrible situations. Uh Toronto father who was traveling with his wife and 11-year-old son was kept in a Cancun prison for 2 days um after a bag tag switching case.
He says they opened up a bag with his name tag on it and inside there were uh you know, tens of kilos of cartel embossed bricks of cocaine that were going to be coming back to Pearson Airport. Um another uh 70-year-old woman who was detained in Japan uh accused again of smuggling vast quantities of drugs of methamphetamine into the country.
>> So, you spoke to I understand at least 17 Canadians, right? Who've come forward to you with similar stories. Are there common patterns or threads in all these cases?
>> Well, the common threads that we've seen is that most of those cases have originated at Pearson Airport. We know that there have in that same 1-year period that represent the 17 that we've identified, um there have been six arrests of ramp workers and of uh baggage handlers. Um but we know that in Grace's case and in fact in the majority of cases that we have spoken where we have spoken to the victims, arrests have not been made, which means that somebody's still getting away with this.
Um but the the question that I really think that has been raised beyond the real anger because we know what we sort of put ourselves through for security reasons when we're traveling, the anger is okay, so let's say this happens, who is responsible? When I go and check in to fly, I give my bag over and quite often I pay for that luxury of having my bag checked in. I give my bag over to an airline. I expect it to be on the other end and not have my tag used to to smuggle drugs.
>> So, yeah, that is the question. I mean, and when you think about it, we think about all the security cameras that are everywhere. I mean, most airlines have security and seemingly to me like everywhere you go, I understand you did reach out to several airlines, Air Canada and Air Transat Air Transat included. Is this a case maybe right now where everyone's just pointing the fingers at everybody else?
>> Yeah, I think so. I mean, there's a lot of I spoke to Air Transat, WestJet, uh and Air Canada and in emails, and there there's a lot of talk about complex situation. And it is actually, you know, an airport is not just a standalone company. There are all kinds of contractors and subcontractors from the moment you give your bag over. So, there's a lot of talk about sort of complex situations, and the fact there's a recognition that Transport Canada has come out in Ottawa this week saying, "Look, we are looking at this. We recognize that there are problems that need to be dealt with." But, the Air Canada Air Passengers Rights Organization, which has been fighting for air passengers rights across the country for years, had gone to the Supreme Court on issues. They have a very interesting take on this, and they say case law categorically states that the airline has a responsibility for your bag from the minute you check it in until you pick it up. It's called the Montreal Convention, although I've seen in some discussions, some legal discussions with Cathay Pacific and Grace's case, they're trying to say and in in another case from Mexico, they're trying to say that the Montreal Convention doesn't doesn't apply here. But, the Montreal Convention is the case law establishes, and I'm just reading it to you here, so I get it absolutely right. The case law establishes that liability starts at the time the baggage is handed over to the airline, and lasts until the baggage is put in the passenger's hands. So, all of the people who we have spoken together with are on a little group chat that they call themselves the AirTag Warriors.
And I think that there are going to be some very legal developments that arise from this situation where people had faith that the airline was going to get their bag there and not have them end up being accused of being a drug smuggler.
>> We'll be watching. Avery Haines, thanks so much for joining us this morning.
>> Thanks, Lindsey.
>> If you like that video, make sure to subscribe to the Your Morning YouTube feed, where you can find all kinds of new content posted every weekday morning.
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