Lac-Mgantic families welcome charges against MM&A Railway workers

The families of many of the people killed in the Lac-Mgantic, Que., train derailment are welcoming criminal charges filed against three former employees of the now-defunct railway company at the centre of the disaster.

The chargescome about 10 months after a train carrying crude oil from North Dakota rolled downhill unmannedand derailed in the centre of the town ofLac-Mganticin eastern Quebec.

The ensuing explosions levelled thecentre of townand left 47 people dead.

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The Crown announced late Monday that the Montreal Maine and Atlantic Railway (MM&A) and three of its former employees JeanDemaitre(manager of train operations),RichardLabrie(railway trafficcontroller) andengineer Tom Harding would each face 47 counts of criminal negligence causing death, one count for each person who died.

They are charged with the following:

"Between July 4, 2013, and July 6, 2013, inFarnham, district ofBedford, in Nantes and inLac-Mgantic, district ofMganticand elsewhere in Quebec did, by criminal negligence, cause the death of [victim's name] either by omission or by the actions taken during the supervision, exploitation, operation orsecurisationof the crude oil train number 2 (train block oil L), committing thereby the indictable offence provided by section220b) of the Criminal Code."

Peter Flowers, alawyer representing 41 families andresidents ina civil suit against MM&A Railway, says the charges are a sign of progress.

"It's clearly a positive step in the right direction, but there needs to be additional things done," he said.

Flowers says his clientshopeto see more industry-wide changes, includingto the way tanker cars are made and how volatile substances are transported across Canada.

Flowerssays the past 10 months have been "horrible" for many of the families.

"It's complete, total, utter devastation, and that's one of the reasons why we have to make certain,both through the criminal system and the civil system, this never ever happens again in Canada, or frankly anywhere in the world."

Arraignment Tuesday afternoon

The three former employees were arraigned at theLac-Mganticcourthouse Tuesdayafternoon.

They were then freed on a number ofconditions.

Criminal negligence causing death carries a maximum life sentence.

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A message left at the offices of MM&A was not immediately returned.

The assets of the railway company were sold to an American firm,Florida Great Lakes Partners,in January, after the MM&A filed for bankruptcy protection.

Looking for a 'scapegoat'

Accused Tom Harding is a member of the United Steelworkers Union, and the leadership there is outraged at his arrest.

Guy Farrell, assistant to the union's director, said Harding is being held responsible for a much larger issue.

"We feel as though theyre looking for a scapegoat, and they found Tom Harding," Farrell said.

Farrell said the problem goes much higher than a few MM&A employees.

He accused the federal government ofslacking on rail safety rules, and said the MM&A Railwayshould shoulder more of theblame.

Harding's arrestuses'unnecessary' show of force

ThomasWalsh, Harding's lawyer, said the charges come as no surprise.

Buthe says he was taken aback by how the arrest was carried out.

Walsh said he has written the Crown several times to let them know that if Harding is charged, he would be willing to show up at court voluntarily.

They came in like gangbusters.- Thomas Walsh, lawyer forTom Harding

Instead, Walsh said,police "decided to make a monumental show of the thing."

"Basically Mr. Harding was at home in the backyard, working on his boat with his son and a friend ... when the SWAT squad showed up, heavily armed ...and told everybody to get down on the ground and there was sirens wailing all over the place.

"They came in like gangbusters ... all dressed in camouflage outfits, faces hidden and their guns drawn," Walsh said.

"They made a huge show of the thing and which I consider to be totally unnecessary.

"He said the factthey would opt to use that kind of force "goes beyond weird."

Walsh said his clienthas been in limbo for the past 10 months, waiting to see what will happen. He saidthe arrest at least removedsome of that suspense.

Harding is expected to plead not guilty.

No comment from Burkhardt

The railway chairman who became the target of localanger in Lac-Mgantic is declining to discuss criminal chargesfiledagainst his company and three of its employees.

Montreal, Maine & Atlantic Railway boss Ed Burkhardt toldTheCanadian Press in an emailhe "will have no comment on theseevents."

Several locals who watched police march the accused into aLac-Mgantic courtroom said MM&A executives, like Burkhardt, shouldinstead be the ones facing justice.