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Decentralized Democracy

Niki Ashton

  • Member of Parliament
  • Member of Parliament
  • NDP
  • Churchill—Keewatinook Aski
  • Manitoba
  • Voting Attendance: 61%
  • Expenses Last Quarter: $142,937.96

  • Government Page
  • Jun/8/23 9:02:18 p.m.
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  • Re: Bill C-33 
Madam Speaker, I will be splitting my time with my colleague, the member for Timmins—James Bay. I rise in the House to share the NDP's support at this time for this bill at second reading, with the clear understanding that there are some major shortcomings with Bill C-33 and that there have to be substantive amendments made going forward. One of the key concerns that we have had is that the Liberal government's approach to Canada's supply chain issues is heavily driven by commercial interests, the commercial interests of big corporations that dominate the marine and rail transportation sectors. This, of course, has been the history of Canada in many ways, particularly when it comes to our railways. We have seen the way in which profit has been put ahead of the lives of workers, of people and of communities, time and time again. Canada has a dark history when it comes to the development of the railways: the occupation of indigenous lands; the forcible removal of indigenous communities; the exploitation, early on, of Chinese workers and the many workers who lost their lives in very dangerous conditions to build the railways; the ongoing exploitation of workers over decades; and the bitter labour disputes, where workers working on the railways were doing nothing more than fighting for health and safety, safe conditions and the ability to keep our country moving. We know that in Canada, over the past 20 years, 60 railway workers have lost their lives on the job. Due to archaic rules and regulations, and a lack of clarity on jurisdiction, there has been no criminal investigation into their deaths. Their deaths were investigated by private, corporate police and corporate risk management bodies. Justice has never been served. I want to reflect on a few of those tragedies that have touched many of us through this work, and me personally. First of all, as other colleagues have said, is the Lac-Mégantic rail disaster that occurred on July 6, 2013, where 47 people died. It was the deadliest rail accident since Canada's Confederation in 1867, a rail disaster that was entirely preventable but rooted in the push to move product, and in that case crude oil, in very dangerous conditions. Forty-seven people died. A community has been forever changed as well as our country in many ways. Here in northern Manitoba, Kevin Anderson, who was 38 years old, died after he and a coworker were trapped for several hours following a train derailment in September 2018, just an hour away from my hometown of Thompson. Kevin Anderson's family, from The Pas, Manitoba, has, for years now, fought for justice for their son. They fought for an inquest, an inquest that finally began some months ago. Unfortunately, just a few weeks into its beginning, it was already ruled that the scope of the proceedings had to change, and there would be no discussion of the preventability of this train conductor's death, of Kevin's death, as part of this inquest. One of the most impactful cases that I have worked on as a member of Parliament was working with the families of Andrew Dockrell, Dylan Paradis and Daniel Waldenberger-Bulmer, three workers who were killed in the train derailment by Field, B.C., in 2019. These three workers worked for CP Rail, and their deaths, the tragedy and the injustice dealt to them and their families was documented in The Fifth Estate's work, “Runaway Train: Investigating a CP Rail Crash”. In their case, the CP private police investigated and, not surprisingly, found that the company was not at fault. Fortunately, as a result of their steadfast advocacy, these families were able to get an investigation into their loved ones' deaths. We all hope that they will receive justice. The reality is that as members of Parliament, we have the responsibility to stand up for the well-being of Canadians. We have the responsibility to stand up for the well-being of Canadian workers. In this case, we have seen the Liberal government and previous Conservative governments, when it comes to railway safety and regulating the railways, use kid gloves, if at all, and have always done it ensuring their profitability. Bill C-33 was an opportunity to change that. The reality is that while there is some good in it, there is much more that needs to be done. There are significant shortcomings in this legislation. While the act would create, for example, indigenous engagement committees for port authorities, there is no mention of creating these committees or otherwise engaging indigenous communities when it comes to rail transport. Another shortcoming is about the standing committee on transport's report on rail safety. It recommended the removal of the jurisdiction of private railway police in investigations involving their companies. It is our view, as the NDP, that private railway police should be dissolved entirely due to the lack of public accountability. This bill not only does not take up the recommendations made by committee, but in fact would strengthen the authority of private railway police. Proposed section 26.4 of the bill explicitly prohibits unruly behaviour at stations or on board railway equipment, which would be handled by these private corporate police services. We have also been clear that the bill lacks legislative guidance on the required content of emergency response assistance plans for emergencies involving dangerous goods. Current emergency response assistance plans rely on municipal fire departments and have no requirement for maximum response times. This was an issue that came up in the Ponton tragedy that killed Kevin Anderson. The standing committee on transport recommended, in its report on railway safety, that “Transport Canada mandate maximum response times as part of rail companies' Emergency Response Assistance Plans for the transportation of dangerous goods” and that “Transport Canada work to finalize timely approval to emergency response assistance plans for the transportation of dangerous goods.” These recommendations are not reflected in Bill C-33. Another shortcoming is the lack of public regional risk assessments associated with increases in rail transport of dangerous goods, a key issue in the Lac-Mégantic disaster. The standing committee on transport recommended, in its railway safety report, that “Transport Canada undertake public regional risk assessments to assess the impact of increased rail activity on communities, First Nations and the environment in regions that have seen significant increase in the transportation of dangerous goods.” The amendments to the Transportation of Dangerous Goods Act do not act on this recommendation. Another shortcoming is about the safety of workers. This has not been properly accounted for in this bill. In fact, the safety of workers is not explicitly mentioned at all. The national supply chain task force's 2022 report included six recommendations to address the worker shortage in our supply chains. Not a single recommendation was implemented. Also, the standing committee on transport's rail safety report included four recommendations to address fatigue management for rail workers. None of these have been implemented. In conclusion, Bill C-33 ought to be an opportunity to change our Railway Safety Act and our port authorities act in order to make sure these important sectors of our economy and these workplaces respect workers and make a difference in a positive sense for communities. Unfortunately, when it comes to the railway industry that has not been the case. Tonight, as we discuss this bill, I think of the families that are still grieving for those they lost on the job working the railways. I am thankful for their advocacy and their strength in pushing for justice and pushing all of us to do better. I hope the Liberal government will work with the NDP and other parties to make the necessary changes to Bill C-33 to ensure it is the strongest possible legislation and to make a difference for Canadian workers and Canadian communities going forward.
1339 words
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