CP Rail raided second time over B.C. train left with no handbrakes

Transport Canada alleges three CP Rail supervisors not the train crew are responsible for leaving 57 rail carsparked on a mountain slope without proper handbrakes earlier this year aboveRevelstoke, B.C.

Two of the parked cars contained dangerous goods, investigators say they were told.

In theirinvestigation of the incident, federal safety investigators raided CP Rail's Calgary headquarters in early November, for a second time this year, CBC News has learned.

In the search warrant for the raid,Transport Canada allegesthat the company and three supervisors violated emergency rules intended to prevent runawaytrains and derailmentsbrought in after the Lac Megantic tragedy in July 2013 involving the now defunct Montreal Maine and Atlantic Railway.

Following the disaster, former Conservative transport minister Lisa Raitt issued an emergency directive demandingrailways apply handbrakes onall parked trainsin case air-brakes failed.

In the Lac Megantic crash there were too few handbrakes applied, which allowed the locomotives and tanker cars filled with crude oilto rolldownhill, eventually derailing, exploding and killing 47 people.

• CP train left without handbrakes aboveRevelstoke, B.C.: warrant
• Runaway trains almost triple reported rate, CBC finds
• Lac-Mgantic: LisaRaittannounces rail safety rules based on crash findings

The B.C. incident involves allegations that CP Rail ignored those emergency rules during the night of Feb. 14-15 as it faced a nationwide strike by locomotive engineers and conductors.

CP workers were set to walk off the job at midnight in a strike and companymanagers were directing crews to park their trains and "tie down" their cargo.

Train 401 was descending CP Rail's "Mountain subdivision" approaching Revelstokewhen the conductor said she was ordered to leave the rail cars on a grade above the town and not to take extra time to apply handbrakes, as per the minister's emergency directive.

CBC first reported on the case last spring after learning Transport Canada had begun an investigation and searched CP'sCalgaryheadquarters in May.

During the first raid, investigators seized audio recordings of radio and telephone calls from the night in question between the train crew and the "rail traffic control centre" in Calgary.

After listening to those calls, rail safety investigators have expanded their investigation.

A second raid

On November 2nd Transport Canada obtained a second warrant and searched CP's headquarters again.

According to the warrant papersfiled in court, investigators listened to the audio recordings and now believethe train crew was ordered to ignore the rules by three CP Rail supervisors: superintendent Mark Jackson and two unidentified employees working in thecontrol centre

Transport Canada seized CP scheduling records, time sheets and shift change memos in a bid to confirm the supervisors' identities.

None of the allegations in the warrants has been tested in court. AndCP Rail refused to identify the supervisors when asked by CBC News.

"CP continues to co-operate fully with investigators. As this is an ongoing investigation, we have no further comment," CP's vice-president of public affairs Martin Cej told CBC in an emailed statement.

CPSuperintendent Mark Jackson did not respond torequests for comment. Whenreached last spring bytelephone, Jackson told CBC: "At the time, based on the info that was provided, itwas going to be a safe move. I know myself I've been cleared of any wrongdoing in this."

CBC News has also learned thatin Septemberrail inspectors visited the site of the alleged incidentat Greely Sideroad, several kilometres uphill from Revelstoke.

Using a Hy-Rail truck they performed tests and took track measurements to calculatethe distances, speeds and potential riskhad Train 401 rolled downhill.

Fortunately, the train remained in place without incident, and was later picked up and moved by CP managers. But because of the potential fora runaway abovethe community ofRevelstokethe incident has sparked a major investigation.

Runaway trains

Acknowledging that secondary air brakes on parked trains are unreliable and often fail or "leak off," Canada's transport minister issued new emergency handbrake rules in 2014.

"They're the only means of securing a train if the air leaks off," rail braking expert Steve Callaghan told CBC News. "You are always at risk of collision, or accident, or derailment if the cars begin to move."

Callaghan is expected to be a witness for the prosecution in the Lac Megantic case.He won't discuss that case but says the Revelstoke incident deserves thorough investigation.

"They are taking it seriously because you are dealing here with a ministerial directive which applies to every railroad," Callaghan said. "It was literally to prevent runaways from occurring. That's the whole gist of it."

Transport Canada's investigationsparked an angry public exchange last June between Raitt, the former minister,and CP Rail's boss,Hunter Harrison.

Appearing on CBC's Power and PoliticsRaitt spoke forcefullyabout prosecuting the railwayand even its executives, as has been done in the Lac Megantic case,if CP isfound to have ignored her emergency directive.

• CP Rail lashes out at transport minister over Revelstoke investigation

Harrison lashed back, accusing Raitt of making threats and accusations when "the facts have not yet been established."

"To suggest that there is any parallel between these allegations and the tragedy ofLac-Mganticis, at best, unfortunate,"Harrison saidin a statement issued June 23, 2015.

Transport Canada won't discuss their investigation, and theregulator has not laid any charges.

Penalties for violating an emergency directive under Canada's Railway Safety Act include fines of up to $1 million against a company and up to six months in jail for individuals.

Please send tips on this story to dave.seglins@cbc.ca.