Transport Committee on March 10th, 2011

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Okay.

And, I'm sorry, Mr. Bourdon, are you a lawyer, a drafter, or...you're an expert with safety?

[Luc Bourdon]

I'm...yes, I have spent most of my career with—

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Now, isn't it right that Ms. White-Taylor is the lawyer and drafter with expertise?

[Carla White-Taylor, Director, Rail Safety Secretariat, Department of Transport]

No, I'm not.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Oh, my goodness.

We have too many lawyers at the table already.

[Gerry Byrne, Liberal, Humber—St. Barbe—Baie Verte, NL]

Yes. We do.

[Voices]

Oh, oh!

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Does that meet with your approval as well? Does it seem to be appropriate?

[Luc Bourdon]

We have our lawyers here, so....

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

It's just to know whether it means—

Oh, I see; of course. You were blocking the light before. I can see him behind you now.

Could he just add a perspective on whether or not the word “human” would make sense in terms of legal precedent?

[The Chair, Conservative, Merv Tweed]

He has to come to the table, if he's going to speak.

If you wouldn't mind, would you just introduce yourself into the microphone and make your comment, please.

[Alain Langlois, Legal Counsel, Legal Services, Department of Transport]

Good afternoon. I'm Alain Langlois from Transport Canada legal services.

Bearing in mind that I'm not a drafter but spent considerable time in a drafting room drafting this legislation, let me say that the notion of “human” adds some clarity to the notion of “fatigue”, so in that sense it's probably of benefit.

[The Chair, Conservative, Merv Tweed]

Thank you.

Mr. Jean.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

I was just going to mention that the French version seems to identify “human” in both the Liberal and the NDP amendments, so it would seem that “human” would make more sense, if that's all right with Mr. Julian and Mr. McCallum.

[The Chair, Conservative, Merv Tweed]

Mr. Julian, I'm not sure you heard Mr. Jean's comment.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

I apologize, Mr. Chair.

[The Chair, Conservative, Merv Tweed]

Mr. Jean, would you care to repeat it?

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Absolutely.

I just mentioned that the Liberal amendment already had “human” in the French version. I think, based on that, I'd prefer your version.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Thank you, Mr. Chair. I'd like to share the credit with the Liberals, though; I think we've both come up with the same amendment.

[The Chair, Conservative, Merv Tweed]

If everybody is comfortable, we will accept the NDP amendment, which talks about “human fatigue” as opposed to just “fatigue”. Is everybody comfortable with that?

[Some hon. members]

Agreed.

[The Chair, Conservative, Merv Tweed]

Okay.

Then I would ask whether the NDP amendment carries.

(Amendment agreed to [See Minutes of Proceedings])

[The Chair, Conservative, Merv Tweed]

Mr. Bourdon.

[Luc Bourdon]

I just want to add something. The definition of “fatigue”, I believe, was included as an amendment because it makes reference to another amendment that makes reference to rules on scheduling.

[Sukh Dhaliwal, Liberal, Newton—North Delta, BC]

Yes, that's right.