British Columbia Federation of Labour

Sinclair Calls for a Criminal Investigation of 2 Workers' Deaths Under the Canada Criminal Code

Vancouver

B.C. Federation of Labour President Jim Sinclair said today he is appalled by the small $75,000 fine imposed on CN Rail following the 2003 train derailment that caused two workers' deaths, and is calling for an immediate criminal investigation.

"This is an insult to the workers' families and an insult to every worker in this country", said Sinclair. "The federal and provincial governments are not willing to do what it takes to ensure that workers are protected when they go to work. The message: there are no real consequences for employers who ignore their safety responsibilities".

In May of 2003, two workers were killed after a train fell into a ravine following the collapse of a wooden trestle bridge west of McBride, BC.

While charges against CN rail were laid under the Canada Labour Code, the federal government has not asked for any prosecution under the Section 217 of the Criminal Code of Canada.

The passing of Bill C-45, commonly known as the Westray Bill, amended the Criminal Code in 2004 to specifically address situations like this when corporations disregard the lives or safety of their employees. Under these new provisions, corporations and their directors are held personally accountable for any negligence leading to workplace deaths and serious accidents such as this derailment.

The Transportation Safety Board of Canada's Investigation Report concluded, "The failure to identify the urgency and the severity of the condition of the bridge was not recognized (by CN), despite subsequent inspections, because of shortcomings in the inspection, assessment, planning and maintenance process".

"The government report clearly found severe deficiencies in the inspection maintenance and record keeping of the company and on those grounds alone, an investigation under Bill C45 is warranted," said Sinclair.

"The law is there, but it's no good on the books if it's never used," Sinclair stressed as he called on the Federal Government to instruct its prosecutors to proceed in laying criminal charges against CN Rail.

"There is no dollar amount that can ever replace these workers and the loss their families have suffered," said Sinclair. "But what does it say to these families and other workers when a company like CN, that just reported record profits last year of $299 million is only fined $75,000".

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"CN has shown no regard for the safety of BC workers or BC communities," Sinclair stated. "This company doesn't get it. There's been eleven CN Rail derailments this year in BC and they only took action to shorten the trains when the government forced them to".

The Federation will also be challenging federal party leaders to commit to pursuing this criminal prosecution.

Sinclair also noted that this decision came on the heels of over 40 deaths in BC's wood sector, and that the labour movement is demanding a similar application of the Criminal Code provisions in section 217.

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For more information contact Lynn Bueckert at: 604-430-1421 or 220-8414.

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