Wednesday, July 14, 2010


There are ways to challenge the BCR-CN deal ...

Please have a good look into what our friend E.M. has found, which tells us that formal complaints haven't been laid but suggests that certain charges could surface ... (referring to Koot's  post "The View from another part of Canned Wasteland"):

pg 28-54
The monitoring and reporting relationship between the Agency and
CN was initially set up for a fi ve-year period, expiring in July 2009,however the Bureau can extend this term for another five-years
if it determines that CN has not met its transit times commitment
during that initial period.

As well, should it become necessary, the Bureau has the ability
to actively monitor and assess CN’s compliance with its other
commitments under the agreement, at any time. The agreement also
allows the Bureau to audit any of CN’s records that are relevant to
CN’s commitments within the agreement.
from the web page Report Highlights

3. The Province has the power take decisive action should CN default on its most significant commitments. It is expected that the Province would not take such action until all other remedies have been exhausted, but this would be at the Province’s discretion.

4. It is our understanding, based on conversations with federal officials, that no formal complaints have been received under the Consent Agreement, suggesting that CN is fulfilling its performance commitments.

All these reports can be accesses from this page.

 BC Mary comment: those with time to scroll back to the TLR posting from a Northern newspaper (was it Dawson Creek?) will see local descriptions of former BC Rail line in rough shape to Hythe and, I believe, not being usable.
Local reports will be valuable evidence right now .... and then, why couldn't WE the PEOPLE lay a "formal complaint" if that's what the bureaucrats are waiting for?


Dawson Creek to Hythe was NAR not BC Rail. I think CN promised to restore it after they bought back that portion of the old NAR Grande Prairie Sub but it was never part of BC Rail. I could be wrong about the promise but don't worry. I'm sure there is much more to complain about.
This BC Budd is for you:

"Former BC Rail Budd Cars now operating as the Lewis & Clark Explorer between Portland and Astoria, Oregon, include some street running in Rainier, Oregon as part of their route every day. Witness this shot of the train in Rainier on July 20, with former BC 10 in the lead. The photo below by Phil shows the Budds in Rainier, Oregon in August.

The Lewis & Clark Explorer service has been very popular, leading to an extension of the service from Labour Day (when it was to end) to September 15. All trips through Labour Day were virtually sold out by August 1st! Plans are now to continue the train for at least the next three summers. (B.L.)"

Photo of "our" former Budd:
EM, can we meet somewhere, to pool our resources.

How about going back through the BCR-CN deal (as much as we're allowed to see), and nailing down the clauses you know to be at risk.

If I get time, I'll try to find the report by the northern newspaper which spoke of the disrepair in Hythe and other places as well.

There are boxcar shortages and promises to upgrade and/or buy new centre-beam boxcars ... have those promises been fulfilled?

I've also heard of BCR boxcars being discarded, broken up for scrap.

So -- is the railway operating as it should?

If you feel sure, as you say, that there's much more that's wrong, we should be finding this out and confirming these facts, pronto, so when we find ourselves in a position to make a challenge, we have well-prepared grounds upon which to do so.

Many thanks for your notes.

* CN says it is committed to strengthening BC Rail’s system
The speculation ended at 1100 hours on Tuesday, November 25, as the Premier announced that CN was the selection for a new "BC Rail Investment Partnership" that will generate "$1 billion in investment in British Columbia, and provide lower freight rates, faster service, new transportation infrastructure, new jobs and new resources for economic development in the North", according to the Provincial Government press release.

The release highlights 12 key points that comprise the deal:


6. Long Term Protection of the Rail Network

* Continuation of the D’Arcy—Lillooet and Takla shuttle services
* Re-open the Dawson Creek to Hythe line to facilitate Peace area grain handling
* No line closures for at least five years—including maintaining the Tumbler Ridge infrastructure


Good eye NVG. If that was promised in the BC Rail deal it doesn't matter who owned it before.
Lawyers who have donated money to an MLA will be barred from investigating that MLA as a special prosecutor, the B.C. government announced today. Special prosecutors will also have to provide regular updates on the progress of their cases. The actions come in response to a review of the special prosecutor system done by Stephen Owen.

Vancouver Sun News

Problem here is that Owen's advice only goes half way to solving the problem. What if, for example, the BC Liberal Party needs a Special Prosecutor appointed to look in to their nefarious ways with BC Rail? Does that mean every lawyer who has contributed to the BC Liberal Party is banned from acting as a Special Prosecutor......
"Does that mean every lawyer who has contributed to the BC Liberal Party is banned from acting as a Special Prosecutor....."

As Robin points out in today's piece, there are much more serious "conflicts of interest" than a tally of political donations like Berardino's former partnership with Seckel and Plant.

Maybe we should completely follow the ideology of the Campbelloids and dispense with silly quaint rituals like voting. Let's re-arrange the systme so that those who are concerned can buy the government they want.......whoa, that sounds like the current system!
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