Air India probe head threatens to subpoena AC

[Kip Powick]

OTTAWA — The head of the Air India inquiry says he wants Air Canada to appear before him to offer its views on aviation security — and unless the airline complies voluntarily he'll consider issuing a subpoena to force its attendance.

Former Supreme Court justice John Major said Wednesday he would benefit from the testimony of the largest air carrier in the country as he investigates the 1985 terrorist bombing of Air India Flight 182 that took 329 lives.

Inquiry counsel say they've received a lawyer's letter from Air Canada declining an earlier invitation to appear but offering no further explanation — something that clearly upset Judge Major.

“It isn't Air Canada's decision to make as to whether they appear,” he said.

“I view it as their duty to attend . . . . Unless this co-operation and attendance is confirmed forthwith, the commission will consider issuing a subpoena to their senior officers to compel their attendance.”

Major said that route can be avoided if Air Canada simply agrees to designate someone “knowledgeable in aviation safety” to give evidence.

A key issue at the inquiry is whether domestic and international security practices have been reformed sufficiently since 1985 to avert another tragedy like the Air India bombing.

Brian Gover, one of the lawyers for the commission, said earlier this week that Air Canada was invited some time ago to participate in hearings on airline safety issues.

Louise-Helene Senecal, assistant general counsel for the company, replied in a letter dated May 6: “We must advise that after consideration, we will not be able to testify at the inquiry on the topics identified.”

Mr. Gover said there was no precise reason given and added that “frankly, it is surprising that our country's flag carrier has declined to participate in the work of this commission.”

Air Canada was the domestic agent for Air India at the time of the bombing, but Major indicated he's more interested in hearing the company's views on more general topics related to aviation safety.

Aside from helping the commission, he said, Air Canada's participation would give it a chance to “assure its customers that safety is an important issue for the airline and the public they serve.”