The following letter was submitted to The Chief for publication:

Dear Paul Martin, Peter McKay, Jack Layton, and anyone who will listen,

Re: CN toxic spill on Cheakamus River; need to commit resources to upgrade Railway Act

As you probably know, there was a toxic spill [caustic soda/Sodium Hydroxide-a highly corrosive liquid used in the pulp and paper industry] due to a derailed CN railcar in the Cheakamus River canyon just north of Squamish, BC, Aug. 6, 2005. As a resident of Paradise Valley immediately downriver from the spill location, and a business leader in my community, I am compelled to do whatever I can to ensure such a disaster does not happen again.

As a result of the spill, many concerns were voiced about CN’s business practices and the ineffectiveness of the Railway Act in ensuring public safety and preventing environmental disaster. At a public meeting, September 14 in Squamish, CN was peppered with a number questions regarding their procedures: Is 144 cars too long on this stretch of railway? Should there be more frequent/encompassing maintenance on equipment, rail lines and locomotives? Was the decision to run the train irresponsible because of known mechanical problems observed in the yard in North Vancouver before heading north up the tracks? Do their engineers get training about the toxic materials they carry? Should toxic materials be transported through high-incident derailment areas or areas that are ecologically sensitive? Do they use double-walled cars when carrying toxic material? Would CN consider changing their practices while this incident is still under investigation? The questions continued along this vein and CN’s response to every one of them was: “We adhere to federal guidelines. What more can we do?”

Guidelines should be a minimum requirement not a benchmark to leverage shareholder profit. And in the case of the Railway Act, the guidelines are inadequate, unsafe and irresponsible. We need to create policy with more teeth so government can legitimately go after negligent freight companies and improve safety measures along rail lines. Considering the movement of dangerous goods is a necessary evil, we need to make sure major railway companies treat safety regulations and diligent maintenance with the highest priority.

At the time of the toxic spill when the walls of dead fish swept downstream there were families along the beaches of the Cheakamus and Squamish rivers, fishermen wading waist deep in hopes of snagging a big one, campers enjoying the fresh air, rafters playfully getting their faces wet, and countless waterfowl, bear and other wildlife going about their daily routine. The fish population in the river at the time of the spill was virtually wiped out; the river scoured of everything from algae and invertebrates to salmon and steelhead. Fortunately it appears there were no human injuries due to this spill but that was just dumb luck or has yet to come to light. Had there been a death due to this spill there would be hell to pay, as was the case in California a few years ago. As a result, California recently updated their railway regulations significantly. We should do the same.

I’m asking you to radically update the Railway Act to reflect Canada’s commitment to safety for its people, environment and economy. There have been 5 CN derailments in BC and Alberta alone since August 6, several of them toxic, and there has been a dramatic increase in the number of derailments in the past year. I hope you understand how important it is to completely re-conceive the Railway Act in a timely manner and with due consideration to what is best for the people of Canada. We need to commit the resources necessary now to prevent future disasters.

I look forward to hearing from you. Patricia Heintzman
President, Squamish Chamber of Commerce

© The Whistler Question 2005