Air Travelers Neglect in Canada

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  • Getting Past Indifference

    In George’s Point of View

    When we are working on a case trying to get compensation for victims of a crash, we find that the court relies on friends and family to paint a picture of who the victim was, and how they used to fit in the world. Of course we all know that every human being is priceless; but it is the court’s duty oftentimes to put a numeric value on a person for the sake of compensation. Some courts can be remarkably indifferent to individuals. I was reminded of that truism when reading the word-pictures rendered by the boyfriend of one of the Kazan Airport Crash victims, Yana Baranova …” an incredibly focused and mature businesswoman. Her colleagues describe her as a “rising star” of their industry, and her drive would have doubtless carried her beyond her own expectations….” He barely glances over this description of her, but in his words, we do see the snapshot of a vital young woman lost in her prime.

    Yana’s boyfriend is unaccustomed to dealing with the Russian bureaucracy, and refers to “indifference and a lack of surprise boarding on apathy” and officials who write off that attitude with “This is Russia.” As this young man notes, my experience too has been that Russian courts that can be apathetic.

    It is true that the opposite of love is not hate; it is apathy. Elie Wiesel said that, and it is true. Apathy is the callus that has formed—like a healed blister over an injury— thickened, hardened, insensitive tissue formed over a wound to protect it. Over time, it may become expedient for an official not to stop and feel the pain, but it is a tragedy when that happens. Something of humanity is lost. When dealing with government and the courts, one has to remember that they have seen it all, not once but a hundred, a thousand times. Their souls are probably more blistered than your worst blistered feet in new shoes with no socks, worn day after day, in grueling conditions. No wonder they are calloused, insensitive, even hard. It is a grievous fact that too often robes of government, of jurisprudence, which should be worn to empower and embrace the rights of man and the rule of justice are often worn as shields and blades against the individual. For the law to work at its best, it should be objective, but never sacrifice sensitivity to the victims, or the families of the victims.

    Sometimes it is up to our lawyers to remind the courts that the best and brightest of the legal profession went into the field because they were idealists who love the law; who stepped into their professions because they wanted to spearhead change for good, rights of man; who probably had specific agendas where they wanted to affect change; who believed they would be more effective than they are; who ran into barrier after barrier and who may have given up; who may have substituted apathy for the appearance of objectivity.

    After consulting for forty years on a huge variety of cases, maybe I haven’t seen it all, but I’ve come pretty close. I can’t claim to have a crystal ball, but there’s not a whole lot that surprises me. I’ve developed a pretty good instinct about where and when courts go left instead of right.

    In the US, our “rights-based” ethics system means that we all have the right to be treated as equal to others. Other countries may have “utilitarian ethics based on “good outcomes” vs “bad outcomes”, often with the rights of the individual getting crunched somewhere under the wheels of the system.

    We can only hope to do our best to represent the individuals who were lost. We can only do our best to remind those who sit in judgement that underneath the armor and callouses we all wear to protect ourselves from being fragile in the face of all the storms of life, that we are all human, all deserving of hope, concern, and ethical treatment.

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    AirBlue in Defiance of Court

    Although the court has ordered compensation, a spokesman of victims told the Peshawar High Court that “AirBlue has communicated to petitioners that compensation will be given to them once they step down and cases are withdrawn from court.” AirBlue also asked for a “universal relief agreement” release form for the 152 companies potentially responsible banning victims from suing.

    The chief justice advised the victims rep to file an application of contempt of court, and promised to continue the case until every heir is compensated.

    In George’s Point of View


    AirBlue should be taking the high road on this, and stop dragging their feet. The tragedy brought to a halt the lives of too many, robbed families of their futures. How can any of these families affected ever have any peace? Why—after already causing the ultimate harm to the victims, and the families of victims—must the airline do everything in their power to make the situation even worse?

    From the moment we are infants who learn to trust our feet to carry us, standing at the sides of our cribs, toddling across our parent’s floors into schools, and adulthood and life beyond, we are only able to stand on our own feet, to walk on our own feet, to negotiate the ground beneath us because we learn a sense of control. We know where the ground is, which way is up. We learn where we can place our feet just so, how to move, to balance, and how to negotiate the rules and laws and physics of the real world so that we can take the next step in our lives, and the next, and the next. All of this occurs because we learn to trust our environment, to trust ourselves in it.

    A tragic event like a plane crash turns our perceptions, our world, our lives inside out. It turns the ground to the ceiling. Our perception of reality is instantly distorted, turning peace and family into an ongoing horror. How can we take the next step when the ground beneath us has been stolen away?

    A tragedy like this shocks everyone–not just the families, but everyone who learns of the event–we are all left with the sense of being a boat unmoored, with the knowledge of a loss of control of the setting and circumstance of our lives. Everyone who learns of a crash like that of Air Blue faces a realization of the frailty of life. The word “shock” is appropriate, for the sensation is not unlike a zap of electricity that sizzles our nerve endings. For those of us who did not lose anyone, we may have an instant jolt, an instant awareness an instant empathy of the depth of grief, horror, pain suffered by survivors; but for survivors that jolt is no instant. It stretches on indefinitely into a future rendered bleak and dead.

    Healing may come; a sense of life may return, or even a sense of carpe diem. But even with healing, there is a loss of innocence, a loss of trust in life, in belief of “the future” because, after all, how grim the future is without our loved ones in it.

    For the families, reparation can never be made. How can they truly be “repaired” if the loved ones they lost can never be returned? The sense of the wholeness of their lives is forever a shattered glass. It is the responsibility for Jet Blue (and even for any of the 152 companies who are indeed partially responsible) to deliver promise instead of excuse, blessing instead of denial, empowerment instead of refusal, expedition instead of delay.

    There is a lot of guilt and responsibility sitting squarely in the lap of Air Blue.

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    Anniversary of Bhoja Air Crash

    The anniversary of a plane crash is always a sad day;

    It is a day few people recall if they didn’t lose someone;

    It is a day remembered by children as the moment they found themselves orphaned–and mothers and fathers who found themselves without a child; and husbands and wives who found themselves widowed.

    It is a day with consequences that reverberate through the lives of those affected like ripples in a pond–except that ripples in a pond eventually come to rest, and the victims of a crash will be victims forever.

    We remember the day Bhoja Air crashed. It was en route from Karachi to Islamabad, with 121 passengers and 6 crew.

    The owner of Bhoja Air remembers too, and the FIA is not likely to let him forget:

    FIA Sindh Director Muazzam Jah Ansari said Bhoja Air owner Farooq Bhoja was taken into custody for questioning during the Bhoja Air plane crash and was released on Sunday after initial investigation.

    Farooq Bhoja was not arrested. His office was raided and the FIA seized official documents.

    Press Release Below:

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    Airborne Cell Phones In Legal Eye

    To phone or not to phone, that is the question. Or to update it a little:
    Do radio signals from cell phones disrupt key airplane functions?

    OR

    Are current U.S. cell phone bans outdated and useless at promoting air safety?
    That is today’s question.

    In U.S. air space, cell phones are banned, but all European carriers do not ban cell phone use.

    The U.S. Federal Aviation Administration says cell phones may emit signals that can affect aircraft communications, navigation, and flight control.

    There’s some piggyback legislation in the FAA reauthorization bill that would prohibit cell phone use on planes by anyone other than flight crews or law enforcement. Currently once planes reaches 10,000 feet it is up to the carrier to allow or disallow passengers to turn on most portable electronic devices except cell phones.

    Boeing, for example, prohibits the use.

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    Bhoja Air Flight 213

    In George’s Point of View


    It pains me to write this. I had just put down my pen from writing about an engine failure where the flight made it safely back to the airport, and heard the news of this. Bhoja Air Flight 213 down in Pakistan after losing contact with ATC. Another flight down in stormy weather. The loss is unique, but it has happened too many times.

    Again a plane, or pilot, or airline failed to bring its passengers safely home. That’s all we want—for the families to be reunited, for the father who just lost his daughters to have them back, for this to be a nightmare that will just go away. But the Bhoja crash is one of the nightmares that doesn’t go away.

    Soon the whole world will hear the names, see the faces, hear the stories behind the tragedy. Maybe it is the stories that make a disaster like this so hard to take for the rest of us. The stories bring life to the loss, take our imaginations from black and white to living color, carry us from the place where statistics rest on paper to where they mingle in our hearts with our own memories of love and loss. Soon we will hear the mourning of the families, the fathers, mothers, siblings, spouses, friends. The investigation will begin, and the experts will find whatever they find, but there’s always the one truth that remains.

    It is the families who will bear this, who will hereafter live their lives like shattered china pieced back together. And what is the glue? The chemistry will be different for every parent, every child, every sibling, but its ingredients are memories woven with grief and resilience, bitterness, hope, faith—and the support of friends. You will get through this. You already know that time will ease the pain, but for now, true as it is, it is only words. To the families, we can only say we grieve with you. Your loss is our loss.

    It is as true now as it was in 1624 when John Donne wrote it. “No man is an island…All mankind is of one author, and is one volume; when one man dies, one chapter is not torn out of the book, but translated into a better language…” Your loss is our loss. To the families, we can only say we grieve with you and wish you peace.

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    Aviation Safety Action Program

    Because of management issues, labor vs management issues, and the question of how much protection should pilots/crew have when they make a mistake, a number of big carriers have dropped the Aviation Safety Action Program. THe official goal of the Aviation Safety Action Program (ASAP) is “to enhance aviation safety through the prevention of accidents and incidents. Its focus is to encourage voluntary reporting of safety issues and events that come to the attention of employees of certain certificate holders.”

    But pilots are being punished for their honesty.

    The program that is being dropped allows pilots and other airline workers to report mistakes they’ve made and safety issues.

    This enables carriers to spot trends before they become safety issues.

    So..why have Delta, American, U. S. Airways and Com Air dropped the program?

    Should we even FLY these carriers if they are not following ASAP?

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