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e-3983 (Transportation)

E-petition
Initiated by Lorelei Desrochers from St. Malo, Manitoba

Original language of petition: English

Petition to the Government of Canada

Whereas:
  • For more than a century, Canada has allowed private railway corporations to own private police forces that exercise criminal law powers against citizens;
  • Railway company’s police officers are corporate employees with corporate human resources files, who ultimately answer to the companies’ private management, and that the companies can terminate at will;
  • Despite Canada’s troubled history with Indigenous peoples, the Canadian government still allows private railway police forces to exercise criminal law jurisdiction over more than 100 Indigenous territories across Canada;
  • Through the private police forces that they currently wield through Sections 44 and 44.1 of the Railway Safety Act, railway companies have investigated and invariably exonerated themselves for deaths and serious injuries for which the companies were potentially criminally liable;
  • Although based in Canada, CP Railway and CN Railway’s chiefs of police command and can discipline the company’s police employees in the U.S., even though neither chief is an authorized police officer in the U.S.; and
  • The chiefs of police’s operational command over U.S. police officers and the chief’s exercise of cross-border powers in the U.S. infringe on America’s indivisible sovereignty over its criminal laws, and the civil and constitutional rights of American citizens.
We, the undersigned, Canadian citizens, call on the Government of Canada to establish a royal commission to inquire into the nature and extent of damage that Canada’s corporate railway policing model has had on the criminal investigation of numerous railway fatalities and injuries, plus the politico-diplomatic implications of Canadian companies exercising police powers in the U.S.

Response by the Minister of Transport

Signed by (Minister or Parliamentary Secretary): The Honourable Omar Alghabra

The Government of Canada recognizes the fundamental role of police independence, accountability, and oversight in Canada’s criminal justice system. In Canada, railway police constables are appointed by a judge of a superior court for the enforcement of the Canada Transportation Act, as well as for the enforcement of Canadian or provincial laws as they relate to the protection of property owned, possessed, or administered by a railway company, and for the protection of persons and property on that property. Under the Railway Safety Act, railway police constables have jurisdiction within 500 metres of railway property that the rail company owns, possess or administers. Railway police services do not operate alone. Other police services (e.g., RCMP, provincial police, and local police services) have the discretion and independence to determine when an investigation is warranted, to conduct investigations into alleged criminal conduct, and, depending on the findings, to recommend criminal prosecution.

Transport Canada’s top priority in the rail sector is the ongoing safety and security of Canadians and their communities. The Department has taken measures to better protect Canadians who live and work near rail lines to reduce the risk of serious accidents and will continue to do what is needed to further improve safety and security.

The Standing Committee on Transport, Infrastructure and Communities (TRAN)’s recent report Railway Safety and the Effects of Railway Operations in the Surrounding Communities which can be accessed at https://www.ourcommons.ca/DocumentViewer/en/44-1/TRAN/report-5/, recommended that the Government of Canada amend section 44 and 44.1 of the Railway Safety Act to remove the potential conflict of interest from the jurisdiction of private railway police in investigations involving their companies. In the Government Response to the Fifth Report of the Standing Committee on Transport, Infrastructure and Communities which can be accessed at https://www.ourcommons.ca/content/Committee/441/TRAN/GovResponse/RP11941375/441_TRAN_Rpt05_GR/MinisterOfTransport-e.pdf, it was noted that the Department will engage with experts in police governance and accountability who have the knowledge and expertise to provide preliminary findings that will contribute to the determination of next steps. Transport Canada is committed to working with partners to strengthen the security and safety of our railway system.

 

Open for signature
May 11, 2022, at 8:31 a.m. (EDT)
Closed for signature
July 10, 2022, at 8:31 a.m. (EDT)
Presented to the House of Commons
Taylor Bachrach (Skeena—Bulkley Valley)
October 20, 2022 (Petition No. 441-00771)
Government response tabled
December 5, 2022
Photo - Taylor Bachrach
Skeena—Bulkley Valley
New Democratic Party Caucus
British Columbia