31 January 2012

Canadian Pacific Police Service Lay the First Charge of its Kind in Canada

Golden British Columbia - On 3 Mar 2010 around 2 p.m. PST, Canadian Pacific Train 300-02 was travelling east on the Mountain Subdivision approaching KC Junction when it was involved in a side collision with westbound Canadian Pacific Train 671-037, that was departing Golden as it negotiated the crossover to the south track.
 
As a result of the collision, three locomotives and 26 cars derailed.
 
The crew on Train 300-02 was transported to hospital for observation and the locomotive engineer was later air-lifted to a Calgary hospital in serious condition.
 
As a result of this incident the Canadian Pacific Police Service conducted an investigation into the actions of the crew of Train 300-02 to determine whether any criminal charges were warranted.
 
Results of that investigation were turned over to the B.C. Crown Counsel out of Cranbrook for review and consideration.
 
Crown review of the file resulted in charges of Dangerous Operation of Railway Equipment contrary to Section 249(1)(d) of the Criminal Code being laid against the engineer and conductor for operating Train 300-02 in a manner that was dangerous to the public and a marked departure from normal operating practices.
 
On 8 Dec 2011 the ex-engineer pleaded guilty to the charge at the Golden Court and was sentenced by Provincial Court Judge Sheard who imposed a $500 fine with a Victim Fine Surcharge of 15 percent.
 
During sentencing the ex-engineer apologized to the Court acknowledging that this prosecution may help his former co-workers avoid causing such accidents.
 
He also acknowledged his responsibility to the environment and the City of Golden for his role in causing the accident.
 
The Crown has advised that the public interest has been served in this case and has directed a stay of proceedings on the conductor which will conclude the matter against him.
 
It is significant to note that this case represents the first time a Criminal Code charge of dangerous operation of railway equipment has been laid in Canada.
 
From and unknown internet source.