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'Wake up, Moncton': City didn't apply for federal money to fix crossing where man died

Family and friends of a young man killed at a railway crossing in Moncton are puzzled over why the city didnt apply for federal funding available to make crossings safer.

Ottawa announced $20 million last week for railway fixes across country, but no money going to city

Marisol Benoit wants answers from the city about why the crossing isn't getting upgraded. (CBC)

Family and friends of a young man killed at a railway crossing inMonctonare puzzled over why the citydidn't apply for federal funding available to make the tracks safer.

Twenty-nine-year-old StevenHarelwas hit by a train at the Robinson Street crossing in July 2016, after his wheelchair became stuck on the tracks.

Hareldied at the scene, and investigators believe he could have been stuck there up to 50 minutes before the CN freight train struck him.

Last week, the federal government announced $20 million for more than 100 projects throughout the country to better rail infrastructure.

But not a cent of that money is going to Moncton, or New Brunswick for that matter.

Transport Canada explained to CBC News that the municipalities have to apply for the funding, and Moncton did not.

Steven Harel, 29, died on July 27, 2016, after his wheelchair got stuck at a level crossing in downtown Moncton. (Diane Harel)

In a previous round of federal funding, Moncton received more than $80,000 from Ottawa, and the city is planning to fix four railway crossings in the fall.

But the Robinson Street crossing is not one of them.

CN previously told CBC News it did some work on the crossing back in 2017, declining further comment. But many who use it say it is still in bad shape.

The city's not taking this seriously. It's ridiculous.- Marisol Benoit, Steven Harel's friend

At the end of its 18-monthinvestigation into Harel's death, the Transportation Safety Board concluded people with reduced mobility continued to face risks when using railway crossings across the country, and more needed to be done to ensure their safety.

The Robinson Street crossing has been a particularly contentious issue in the city, with an apartment block just down the road housing several people with reduced mobility.

'No words'

Steven's mother, Diane Harel, was shocked to hear the city didn't apply for funding.

"I have no words," said Harel.

She, like her son's friends, wants answers.

"The city's not taking this seriously," said Marisol Benoit, who was a close friend of Steven Harel. "It's ridiculous."

Natalie Fougre, left, and Marisol Benoit use the crossing every day. (CBC)

Benoit, who is also a wheelchair user, lives down the street from the accident scene.

She has a hard time getting through the crossing, and will usually go accompanied, or wheel her chair backwards to avoid getting stuck.

She thinks the crossing is in dire need of a real upgrade.

"What are they waiting for that someone else dies?"

"This could have been avoided," she said. "Wake up, Moncton."

Some of the safety board's suggestionsinvolved smoother pavements, changing the angle where tracks meet the road or even building overpasses to cross the tracks.

Lawsuit continues

In February, Harel's parents filed a lawsuit against the city of Moncton and CN as well as the wheelchair manufacturer and supplier, alleging negligence.

The Transportation Safety Boardinvestigation revealed CN had done work on the asphalt a month before Harel's death, and the reflective white lines meant to guide pedestrians through the crossing at night hadn't yet been repainted.

As a result of the work, there was a small hole in the asphalt at the edge of the sidewalk, where Harel's front wheel became lodged in the gravel, according to investigators.

The City of Moncton hasn't responded to CBC's question as to why it did not seek federal funding for the Robinson Street crossing.

In statements of defence filed in court in the spring, both the city and CN denied any negligence leading to Harel's death, and said the crossing met all regulatory standards.