Lac-Mgantic: Charges laid for brake failure in train disaster

New charges were laid Monday against six people and two companies in relation to the 2013 rail disaster in Lac-Mgantic, Que., and Transport Minister Lisa Raitt says more charges could be on the way.

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Six peopleemployed bythe rail companyat the time of the incident, including itspresident, arefacing two charges each of failingto ensure the train was properly braked before it was left unmanned for the night.

The point of it all is, we will prosecute those who are to blame in this matter and it doesn't matter how long it takes.Transport Minister Lisa Raitt

A conviction carries a maximum fine of $50,000, a maximum jail term of six months, or both.

MontrealMaine & Atlantic Canada Co. andMontreal Maine & Atlantic Canada Railway Ltd. are facing the same charges.

The charges come nearly twoyears afteran MM&Atraincarrying 72 tanker cars full ofoil derailed andexploded in the centre of the Quebec town ofLac-Mgantic, killing 47 people.

The federalgovernment issued a noticesaying charges werelaidunder the Railway Safety Act and the Fisheries Act.

"Transport Canada's investigation under the Railway Safety Act found that an insufficient number of handbrakes were applied to the train and that the handbrakes were not tested properly," the statement said.

Thestatementalso citedEnvironment Canada'sinvestigationinto the depositing of a "deleterious substance into fish-bearing waters with the release of crude oil into the immediate environment ofLac-Mganticand theChaudireRiver."

Investigation continues,Raitt says

Federal Transport Minister Lisa Raitt said the charges show Transport Canada inspectors "took great diligence."

"They did a smart investigation, it took a while," she said Monday onCBC'sPower & Politics.

Raittalso said there may be more charges on the way, explaining thatanother investigation is underway pertaining to the Transportation of Dangerous Goods Act.

"You've seen the charges come forth on one, there's still another investigation that is outstanding," she said.

"But the point of it all is, we will prosecute those who are to blame in this matter and it doesn't matter how long it takes."

The six individualsfacing chargesare:

• Robert C. Grindrod, chief executive officer and president.
• Lynne Labont, general manager of transportation.
• Kenneth Strout, director of operating practices.
• Mike Horan, assistant director.
• Jean Dematre, manager of train operations.
• Thomas Harding, train engineer.

Those six, along with railway traffic controller Richard Labrie, each face a federal Fisheries Act charge for the crude oil that flowed intoLac-Mganticand theChaudireRiverafter the accident. The maximum penalty on that charge is a $1-million fine.

All those charged will appear in court in Lac-Meganticon Nov. 12.

Harding, Dematre andrailway traffic controller RichardLabriewere previously charged with47 counts of criminal negligence causing death.

Thomas Walsh, the lawyer representing Harding, questioned the timing of the charges.

"Why them? Why now?" Walsh said.

"We're nearing the second anniversary, and Transport Canada is obviously trying to look active, trying to look like they're doing something."

The charges as they appear on the summons:

(1)On or about July 5th, 2013, did contravene Rule 112(a) of theCanadian Rail Operating Rules(CROR), in force pursuant to section 19 of theRailway Safety Act(RSA), R.S.C.(1985), c. 32 (4th Supp.),by omitting to apply a sufficient number of hand brakes when leaving equipment, to prevent it from moving,contrary to paragraph 41(2)(d) of the RSA, committing thereby an offence punishable on summary conviction pursuant to paragraph 41(2.1) of theRailway Safety Act.

(2)On or about July 5th, 2013, did contravene Rule 112(b) of theCanadian Rail Operating Rules(CROR), in force pursuant to section 19 of theRailway Safety Act(RSA), R.S.C.(1985), c. 32 (4th Supp.),by omitting, after applying hand brakes, to ensure that a sufficient retarding force was present to prevent the equipment from moving,contrary to paragraph 41(2)(d) of the RSA, committing thereby an offence punishable on summary conviction pursuant to paragraph 41(2.1) of theRailway Safety Act.