House of Commons photo

Crucial Fact

  • Her favourite word was children.

Last in Parliament March 2014, as NDP MP for Trinity—Spadina (Ontario)

Lost her last election, in 2015, with 27% of the vote.

Statements in the House

Safer Railways Act May 1st, 2012

Mr. Speaker, the prairie farmers have waited for years and years for regulations that would govern CN and CP service standards.

Right now there are no service standards. There was a review. The review recommended mediation and regulation. Before the last election, in March, the Conservatives promised regulations. They promised that CN and CP would be regulated, so they would have to have performance standards and service standards. Right now, it is completely unfair as all the power lies with CN and CP, and none with the prairie farmers, whether they grow soybeans, grain or lentils.

The farmers do not have the power. They are not given adequate notice. They are not given any information. They have been waiting. We have not seen regulations, which is quite unfortunate. If CN and CP were regulated, then there would be much higher service standards and much safer transport. We certainly hope the service would expand even more, because the farmers would feel secure in being able to deliver their grains to port by rail. They would not have to look at alternatives, such as trucking.

Safer Railways Act May 1st, 2012

Mr. Speaker, the Transportation Safety Board was quite concerned about what my friend said. It recommended that the department of transport extend the safety provisions of construction standards applicable to 286,000 pound cars to all new non-pressured tank cars carrying dangerous goods.

It also asked that the department conduct in-depth studies on the behaviour of saturated organic materials under cyclic loading. It talked about ensuring that maintenance standards and practices address the level of risk in heavy tonnage other than on the main tracks. It also said that the department of transport needs to make sure an assessment is conducted of the suitability of current Canadian rail operating rules and railway instructions concerning the immediate reporting of operating delays to all concerned where there is a safety risk.

Lastly, it called upon the department of transport to establish minimum standards for the type, location and requirement for fencing along railway rights-of-way approaching railway bridges and any other areas where frequent pedestrian incursions are known.

We can tell from these recommendations that the Transportation Safety Board wants to make sure that Transport Canada, local municipalities and the railway companies work together to keep everything safe.

Safer Railways Act May 1st, 2012

Mr. Speaker, I am thankful that the Liberal member reminded me that CN was privatized by the Liberal government in the 1990s. As a result, a large number of tracks and passenger services were eliminated. The tracks were ripped up.

Thanks to the Liberal government, as a result of losing those services, through the years we have lost 10,000 kilometres of railway tracks in Canada. That is a huge number. Think of all the cities and towns that are left without rail and freight delivery services. There are now many trucks that do not need to be on the highway because any number of goods can be shipped by train. It is that much better for the environment, and that much safer. I wish that had not occurred.

Safer Railways Act May 1st, 2012

Mr. Speaker, having a safe and reliable rail network is essential to Canada's mobility and economy. Seventy percent of all service goods are shipped by train. Passenger and commuter trains transport more than 70 million people a year. Our railways also have an environmental edge over road bound traffic as they only contributes 3% of Canada's transportation related greenhouse gas emissions.

By choosing rail, passengers and shippers also choose one of the safest modes of transport in Canada. However, although modest gains have been made in reducing accidents over the past few years, we are not where we want to be in terms of rail safety. The tragic VIA Rail collisions in Burlington in February of this year and the recent derailment in Alberta show that more needs to be done. Bill S-4, the safer railways act, is a step in the right direction.

Members know that the bill has been in front of the House of Commons several times. In fact, the history of it is quite extensive. It started in February 2007 with the department telling the minister of transport that there should be a full review of the operation and efficiency of the Railway Safety Act.

An advisory panel was established and came out with a final report entitled: “Stronger Ties: A Shared Commitment to Railway Safety”, which was published in November 2007. That was five years ago. It included 56 recommendations for improvement of rail safety, some of which are included in the legislative changes in front of us today.

Throughout the past five years, the bill came before the House in many forms. In May 2008 the standing committee tabled 14 recommendations after it studied the Rail Safety Act. In June 2010 Bill C-33 was introduced by the government in the House of Commons, but unfortunately it did not pass. We now have Bill S-4 in front of us.

However, Bill S-4 is only a step, not a leap. Depending on whom one talks to, it is more of a baby step. It is long overdue, but it is certainly not universal in addressing ongoing rail safety challenges.

Rail accidents have decreased over the last five years, but only in a very limited way. The Transportation Safety Board of Canada, an independent government agency responsible for advancing transportation safety through investigations and recommendations, has some insightful statistics, some of which I will list.

The number of railway accidents went down by a meagre 5% from 2010 to 2011. We still have more than 1,000 train accidents a year. That is almost three a day. Slightly more than 100 train collisions and derailments happen on the main tracks and not tucked away in some slow-moving marshalling yard.

Off the main tracks, the Transportation Safety Board of Canada reported 573 collisions and derailments. There were 33 accidents in which the culprit was not due to human error or rolling stock, but because the rails themselves were unsafe.

Every other week, somewhere in our country, there is a rail accident that involves fire or an explosion. VIA Rail unfortunately does not own its own rails but leases them from CN/CP. This makes it hard for VIA Rail to have much control over the rails.

Needless to say, a rail accident's harmful potential is compounded when dangerous goods are involved.

In 2011 there were 118 accidents involving toxic cargo, most of them were derailments. In three of those accidents harmful contents were spilled, damaging the environment and threatening the health of residents and workers.

Even without collisions, once a week there is an incident somewhere in Canada in which dangerous goods are leaked.

The Transportation Safety Board reported 51 incidents in which harmful and toxic substances were inadvertently released into the environment, and things do not look much better this year. From January to March, there were 16 dangerous goods leakages. During the same time frame last year, there were 11. We actually had five more incidents of dangerous goods that leaked into the environment than last year.

While the number of overall accidents has slightly decreased, 5%, the number of serious accidents, those that have to be reported to the Transportation Safety Board, has increased by a dramatic 27% from 2010 to 2011. The number of mandatory reported rail incidents rose from 160 to 204. That means we are on par with the numbers again in 2005, 2,004 rail incidents. That is a big number. It makes one wonder about significant and sustainable safety gains that were supposedly to be achieved under the Conservative government.

In 2011 there were 68 accidents involving passenger trains. Just to keep the record straight, travelling by rail is still several times safer than taking a car, but 68 accidents involved passenger trains last year.

In addition to the potential damage to passengers and working crews, passenger train accidents have a corrosive effect on public perception. Right after the Burlington accident, VIA Rail suffered a slump in passenger numbers. The solution is not to talk about it, but to really tackle our rail safety deficit head on. It is timely that this bill is in front of us at third reading. Hopefully it will be law in a few days.

There was a train accident on February 26 of this year in Burlington and one in Montreal a few years ago. Rail accidents not only impact workers and passengers who are hurt or fatally injured, but the damage and the grief goes beyond those immediately affected such as local communities and residents and businesses. Whenever these accidents happen, emergency personnel and local residents show valour and compassion beyond the ordinary. The five heroes who were honoured by Burlington city council yesterday are prime examples of just that.

Tragic accidents also leave deep scars in local communities. Almost two years after the fatal accident in Montreal, the parents of three teenagers who were killed are still looking for answers as to why their children were run over in the dark by a train with dimmed headlights.

The Transportation Safety Board has investigated more than 170 rail accidents in recent years. Based on the insights from its investigation, the Transportation Safety Board has made a whole host of demands for improving rail safety. For the particularly urgent and important ones, it files a formal recommendation with Transport Canada and tracks the ministry's response and action.

Since 2005, the Transportation Safety Board has issued more than 50 of those formal recommendations. Unfortunately, under the Conservative leadership, Transport Canada has not been very proactive or eager to follow those recommendations. Less than 60%, that is 6 out of 10, of the Transportation Safety Board's file demands have been completely addressed in the eyes of the independent agency. Why have not 100% of the recommendations from the safety board been addressed and implemented?

Fifteen per cent of the expert's recommendations were partially addressed. One-quarter of the Transportation Safety Board's recommendations were essentially left unaddressed, with no meaningful action taken. I will take some time later on to go through them.

The TSB, in its very charming wording, said that it was “satisfactory intent”. There is intent, but no action has been taken. In some of these cases, the ministry has been sitting on its hands for seven years, so it is very subtle to call that intent.

The first of the recommendations is the voice recorders. We will recall, in all of these accidents, whether the one in Quebec or the one still under investigation from Burlington, that the investigators have not been able to get to the bottom of the accidents because there are no voice recorders in the locomotive cabs. Therefore, unlike planes, we do not know precisely what happens in the locomotive cab.

Even before 2007, close to 10 years, the safety board has said that Transport Canada must mandate these voice recorders to be installed in the locomotive cabs. For six years nothing happened. Recently we heard from the minister that some discussion had taken place, that there was some negotiation with the unions. The unions have said that they are not opposed to them, so there is absolutely no reason why it is not mandated. Apparently there are more discussions. There is a lot of talk, but at the end of the day there are still no voice recorders in locomotive cabs. That is just not acceptable.

The second area the Transportation Safety Board has talked about is the need for an alternative mechanism to slow down the trains if the trains go too fast. In these times of modern technologies, certainly the switches and tracks can be connected with the braking system. Such technology exists. It is called a positive train control system. It is a system that is being installed across the states. Amtrak, for example, has them now. As of 2005, it is mandatory that every train in the U.S. has such a control system. Therefore, as in the case of Burlington, the train would have automatically slowed down to the appropriate speed and not jumped the track because it was going too fast.

Another area we need to look at occasionally is driver fatigue. What happens is a driver might report to work at 8 a.m. If the train is late, or for some reason there is a breakdown or mechanical problems, the driver waits and waits, then starts work. In this case, by the time drivers start their work, they have waited for many hours and some of them are in fact very tired.

We need to look at the whole area of rail crossing in the future. We did not make any amendments to that, because rail crossing is fairly complex. A lot of developments have built condominiums and shopping malls around railway tracks. Some of the railway companies say that if municipalities want to go ahead and build such developments in areas served by trains, then at least the railway companies should be advised.

Local municipalities, local government is a provincial matter. In many ways it does not necessarily come under federal jurisdiction. However, this is an area we need to look at. We do not want a developer building a series of high-rises, an entire neighbourhood on one side of the track, and then a school or a shopping mall being built on the other side of the track. People are then tempted to cross the track, even though there might be barriers. They might take shortcuts and put themselves in danger. Urban planning needs to recognize rail safety as a very important issue.

In European countries and in Asia, railway crossings are increasingly separated by grade. The train either goes into a tunnel or it goes up on a bridge so that the pedestrian can walk across directly. It is not a shortcut. In some cases, pedestrians go across a bridge to cross railway tracks. It costs a bit more money, but it is infinitely safer than asking people to go around railway tracks and not take a shortcut.

Railway associations are quite concerned about those areas, but given how long Bill S-4, the safer railways act, has been before the House, the committee and other members of Parliament and the NDP did not want to slow down the bill. It was fast-tracked through the committee, which is why I did not move any amendments on voice recorders, positive train control, rail crossing or driver fatigue. Those issues, important as they are, need to be investigated and considered in a future study, maybe in future recommendations.

I was assured by the minister that voice recorders are coming soon. After all these years of waiting, they will come and we do not need to mandate them. I will not quite believe this until I see it, but let us see what happens.

I want to turn the rest of the few minutes I have to talk quickly about the rest of the Transportation Safety Board's recommendations. They were left unaddressed by Transport Canada. Let me list some of them.

The department of transport, in conjunction with the railway industry and other North American regulators, should establish a protocol for reporting and analyzing tank car stub sill failures, so that unsafe cars are repaired or removed from service.

Another recommendation where no action has been taken is that Transport Canada work with the provincial government to expedite the implementation of a national standard for low ground clearance advance warning signs at railway crossings. Railway crossings are very important, and we need advance warning signs.

CN should take effective action to identify and mitigate risk to safety as required by its safety management system. We should require CN to do so, not just ask politely. We should implement Transport Canada standards to improve the visibility of emergency contact signage at railways crossings, again, it is about railways crossings, and then conduct assessments of level crossings on the high-speed passenger rail Quebec-Windsor corridor and ensure that defences are adequate to mitigate the risk of truck-train collisions.

There are many more recommendations that I want to go into, but I am running out of time. I know that when we work together we can get the job done and make train service in Canada even safer than it is today.

Railway Transportation April 24th, 2012

Mr. Speaker, in the eighties, Conservatives deregulated the rail industry and rural communities suffered.

In the nineties, Liberals sold CN and the service suffered again. With CN controlling the tracks, VIA Rail's service to Canadians also suffered.

With those out-of-touch Conservatives, who claim trains are only for the elite, rail services are again under attack.

Will the minister promise not to sell off any part of VIA Rail, now or later, yes or no?

Railway Transportation April 24th, 2012

Mr. Speaker, since the 1990s, Canada has lost 10,000 kilometres of railway tracks, and the Liberals and the Conservatives are both responsible.

After cutting a third of VIA Rail's funding earlier this year, the latest Conservative budget chopped another $20 million a year from VIA Rail.

While the rest of the world is encouraging trains and the use of them, the Conservative government is starving the Canadian rail service to death. Why?

Citizen's Arrest and Self-defence Act April 24th, 2012

Mr. Speaker, there is a disturbing trend. One of the fastest growing populations in prisons is women. Often they are in jail because they are stealing, and they are stealing because of deep poverty. I know of a person who stole diapers because she just did not have the money to buy them for her daughter, I believe. She was caught and put in jail. In some cases, especially for women, poverty is the root cause of some of their criminal activities. As legislators, we need to look at that and see if we could do something to make poverty history.

Citizen's Arrest and Self-defence Act April 24th, 2012

Mr. Speaker, it is critically important that we do not encourage vigilante justice. We do not want to encourage people to put their own personal safety at risk. We want to be very clear that if a crime is occurring, people should call the police. People should not get involved. That is the top priority.

There are already sections under the existing Criminal Code that deal with citizen's arrest, self-defence and defence of property. These three concepts already exist in the Criminal Code. The amendments we are doing here would only modify already-entrenched aspects of our current laws and do not really introduce any kind of radical new concepts.

I want to be very clear that we do not want people to take justice into their own hands. We believe that, if people do so, sometimes they put their personal safety at risk. The top priority is to call the police and leave the situation, if possible, if facing danger.

Citizen's Arrest and Self-defence Act April 24th, 2012

Mr. Speaker, that is a concern. If there were less police coverage, no matter what level of policing, there would be more opportunities for break-ins at cottages, for example, or small stores. In some ways, people whose places have been broken into feel personally violated. It is not even about the property loss. It could be the loss of a very special ring or a memento from a grandfather or grandmother. These kinds of items can have a lot of sentimental value. They might not get a lot of money on the market, but it is devastating emotionally for the person who loses that item.

If the police get too busy dealing with more serious crimes, they may not have enough time to deal with break and enter crimes and theft, and that would be unfortunate.

Citizen's Arrest and Self-defence Act April 24th, 2012

Mr. Speaker, the concept of community-based policing started in the Prairies, interestingly enough. I believe the Edmonton police and others piloted it. It means that in a certain district, depending on the size, the same four or six police officers would patrol an area regularly. They would have regular meetings with the store owners and the residents in the area. They would work with them to find ways to improve on safety. Sometimes it is the design of the community. It could be lighting or shrubs or a neighbourhood watch program, which the police officers would assist in setting up.

However, the problem with policing in big cities is that the scheduling means that different officers rotate in and out of the neighbourhood at different times of day. That means that sometimes officers who patrol the areas would not know their neighbourhood as well, so they are not familiar with the history of what is occurring in a store. Anyone who regularly patrols that area in Chinatown would know David Chen and the Lucky Moose store and would know he had been victimized by petty thefts over and over again. In this case, I am not sure the officers who came to arrest him knew the history of what occurred.