Yellowknife (Feb 19/03) - Shawn Evans believes he played a role in ensuring the rights of Canadian travellers.

The 29-year-old Yellowknife man took Twilite Security to court over an incident at Yellowknife airport last year and won.

Shawn Evans says his recent court victory regarding the obligations of airport security firms was a big win for Canadian travellers. - Darren Stewart/NNSL photo

Evans' cell phone and brand new digital camera disappeared during a security check at the airport last March. He was on his way to Toronto on a First Air flight. The security station was busy and he was asked to stand aside while a security agent brushed him with a wand to check for metal on his body.

When he came back to the X-ray machine, he said, his camera and phone were gone.

Twilight Security was under contract to conduct airport security. Evans said the security company and the airline brushed him off so he brought the matter before the Territorial Court.

Judge Brian Bruser ruled in Evans' favour, saying, "A good sense security system must logically include taking reasonable and prudent care to ensure that what a passenger hands over ... be picked up by the same customer."

He received a full reimbursement for the camera in a judgment on Nov. 25. He did not seek money for the cell phone.

Evans said he feels the problem his case brought to light is more important than the money he recouped in the settlement.

"For the amount of time I spent on this, the money wasn't worth it. It was more to make a point."

"I think the judge recognized the larger implications of this case," he said. "It comes down to common sense. Why should people going through security be held liable for things that go missing?"

Evans argued in court that the onus is on security personnel to keep track of people's belongings -- even in a chaotic pre-board screening room just before a packed plane departs.

"Like most people, I usually throw my wallet into those bowls," he said. "What, am I going to be expected to keep watching it, then before I know it it's gone?"

Brian Carter, chairperson of Twilite Security, said his employees did nothing wrong during the incident.

"The only thing I can say is that people weren't guilty. They did everything right," he said.

Carter chose not to appeal the decision.

"I can't be held responsible for somebody else."

Ruling could hurt business Carter said the case carries a dangerous implication for people in his business.

"We paid Shawn off, but only because it was a small amount," said Carter. "This has bigger repercussions with the security agency that runs the Canadian airports."

Since the incident, airport security has been revamped and is under closer security by the federal government's Canadian Air Transport Security Authority (CATSA).

The new regulations are a result of more rigorous security needs after the terrorist attacks in the United States on Sept. 11, 2001.

Carter said he's not satisfied with the new system.

"We're proceeding with other avenues to make sure this doesn't happen again," he said. "It's not fair."

"I am looking at the policy at the federal level right now so I don't want to compromise what may happen," he said, but would not elaborate.

Renee Fairweather, spokesperson for CATSA, said new regulations ensuring a national consistency for airport security were put into place in December.

"Since we've taken over, we've put a number of measures in place for pre-board screening.

"One is mandatory training for personnel. We've got point leaders that are there and we've also got regional managers so the mechanisms are there to continuously monitor the systems."

She could not comment about whether Evans' case would be looked at in CATSA policy. She said service provider such as Twilite are still be liable for lost items under the new system.

For the people

Evans said he insisted on bringing the issue through the courts because he knew it had serious implications for travellers.

He said he represented himself because he knew he was right.

"I knew that any judge would see how important it is to ensure the rights of customers here."

Evans added that he's happy the federal government will now monitor pre-boarding security.

"I definitely feel my belongings are a lot safer," he said.