Charges laid in deadly Lac-Megantic train derailment

Smoke rises from railway cars that were carrying crude oil after derailing in downtown Lac Megantic, Quebec, July 6, 2013. (Paul Chiasson / THE CANADIAN PRESS)

On the same day charges were announced in connection with the deadly oil train derailment in Lac-Megantic, the transportation minister said she is “shocked” by a new report that alleges a train carrying dangerous goods was left without handbrakes applied.

“I don’t know how they could possibly think -- if this is the case -- that this is acceptable as a practice in their company,” Raitt told CTV’s Power Play when asked about a Canadian Pacific train that was allegedly left unsecured in February near Revelstoke, B.C.

Some of the train’s cars were carrying dangerous goods, according to a CBC report.

Raitt also offered new information on the charges laid Monday under the Railway Safety Act following a two-year investigation that concluded handbrakes were not properly applied before a train carrying crude oil barrelled into Lac-Megantic, causing an explosion and fire that killed 47.

In addition to Montréal Maine & Atlantic Canada Co. and Montreal Maine & Atlantic Canada Railway Ltd., six people were charged, including C.E.O. Robert C. Grindrod.

“There are some people involved in this as charged who were not physically at the scene that night but they are still responsible for the fact that these handbrakes weren’t set,” Raitt said.

“Liability reaches through companies,” she added. “Make sure you know what’s going on in the culture of safety in your railway and accept no explanations other than the right ones.”

Also charged, according to a Transport Canada press release are:

Raitt said that three of the individuals charged are in the United States and the other three are in Canada.

Transport Canada’s investigation into the July 2013 derailment that concluded an "insufficient number of handbrakes were applied to the train and that the handbrakes were not tested properly,” according to the press release.

Additional charges were laid under the Fisheries Act, relating to the crude oil that spilled into Lac-Megantic and the Chaudiere River following the derailment.

All persons accused face two counts, Transport Canada said. "Under the Railway Safety Act, companies could be fined up to $1 million, and individuals could face a fine of up to $50,000 or up to six months in jail, or both. This applies per charge," the statement added.

The government also said it has established tougher rules for rail cars carrying dangerous goods since the derailment in Lac-Megantic.

“Following the accident, the department introduced even stricter requirements for railways to physically secure trains and reduce their speed when carrying dangerous goods in highly urbanized areas,” according to the statement.

Those charged are due court in November, 2015.