U.K. man pleads guilty after drunkenly causing WestJet flight to turn back

David Stephen Young, 44, pleaded guilty to resisting arrest, failing to comply with safety instructions

Image | WestJet Drug Policy 20181009

Caption: The man whose drunken behaviour caused a WestJet plane to turn around has been fined the cost of the wasted fuel, more than $21,000. (Darryl Dyck/The Canadian Press)

The U.K. man who forced a WestJet airplane to turn around and land back in Calgary is a recovering alcoholic who got drunk for the first time in 18 months and became belligerent toward the flight crew and his fellow passengers, according to details read aloud at his guilty plea.
On Thursday, David Stephen Young, 44, pleaded guilty to two charges — one under the Aeronautics Act of failing to comply with safety instructions, and the other for resisting arrest under the Criminal Code.
Young issued a written apology for what he called his "disgusting behaviour," for the "damage and inconvenience" he caused to his fellow travellers and for the "embarrassment I brought upon my family, especially my children."
Provincial court Judge Brian Stevenson accepted the guilty plea and heard sentencing submissions from defence and Crown lawyers who are seeking restitution as a penalty.
Stevenson will decide on sentencing next week.

Question of money to be paid

WestJet wants Young to pay about $65,000, though it says the costs of the rerouted flight could soar well above $200,000.
Although WestJet spokesperson Lauren Stewart recently told CBC News none of the passengers will be compensated beyond the $250 because the detour was considered "an uncontrollable incident just like the weather," prosecutor Lori Ibrus told the judge that when a flight is delayed by more than four hours, airlines must pay out €600 in compensation to every passenger who requests it.
WestJet clarified that the €600 wouldn't apply to the first group of passengers on the U.K.-bound flight, but rather a second group of passengers that would have boarded the flight in the U.K., on a trip to Canada.
WestJet and EU flight rules state that travellers will be compensated €600 if they:
  • Were on a WestJet-operated flight departing from the European Union or U.K. to a non-EU country.
  • They were delayed three or more hours.
  • Their flight was more than 3,500 kilometres.
The prosecutor said "it is not the Crown's intention to bankrupt Mr. Young," but defence lawyer Michelle Parhar said her client makes a modest income and would be financially ruined should he face the $65,000 restitution order sought by the prosecution.
Defence lawyer Michelle Parhar asked Stevenson to order Young to make a $5,000 to $8,000 restitution order.
"With his financial circumstances, he simply does not have the ability to pay," said Parhar.

What led to the disruption

On Jan. 4, 2019, Young boarded a flight bound for London after spending time with his mother, who lived in B.C. There were about 260 passengers on board.
He had six drinks at the airport, according to Parhar, who said Young was a lifelong alcoholic who had been sober for 18 months until then.
As the plane was taking off, Young repeatedly got up to use the washroom, according to the agreed facts, read by Ibrus.
When flight attendants tried to stop him, he argued with them and became "aggressively intimidating," reads the document.
Young's row-mate Karen Ambler tried to intervene and explain the flight crew's intentions. He then turned his verbal abuse on her.
Young was swearing and telling people he didn't care about anything anymore.
Eventually, he forced his way into the bathroom.
When he got out, "the situation heated up again" and he continued to shout and shake his fists. That's when the flight crew decided to turn the plane around and return to Calgary.
The pilot had to burn off and then dump 20,000 pounds of fuel, according to the facts.
Once Young was arrested after the plane landed, he continued to be belligerent and was unco-operative with police and CBSA officials, swearing and yelling at officers and accusing them of being racist.
Young spent one week at the Calgary Remand Centre, where he was terrified, according to Parhar. He has never been in custody before, she said.
Several members of Young's family wrote letters of support, detailing a "kind and decent" person who had recently experienced several family crises.
Once Young returns to the U.K., "he's essentially barred from entering Canada, barred from seeing his mother in B.C.," said Parhar.