Trudeau says appointing Indigenous RCMP commissioner is an 'excellent idea'

Fri, March 3, 2023 



OTTAWA — Prime Minister Justin Trudeau says having an Indigenous person serve as the next commissioner of the RCMP is "an excellent idea."

He made the comment in response to questions from reporters in Winnipeg today about a call from some First Nations leadership for the government to ensure the next top Mountie is Indigenous.

RCMP Commissioner Brenda Lucki is set to retire from her post this month, slightly before the end of her five-year term.

She was appointed in April 2018 and led the force during a chaotic few years that included the deadliest mass shooting in modern Canadian history, along with growing calls to defund the police and allegations of systemic racism in the force.

Trudeau says the next RCMP commissioner will be selected through an independent process and he did not commit to ensuring Lucki's successor is Indigenous.

He says bringing change to an institution like the RCMP "is not just about putting the right person at the top."

This report by The Canadian Press was first published March 3, 2023.

The Canadian Press

Manitoba to have average $10-a-day child care in April, three years ahead of schedule

Fri, March 3, 2023



WINNIPEG — Manitoba is to achieve $10-a-day child care by April 2, three years ahead of schedule for the federal Liberal government's national plan.

"Today is a great reminder of what we can do when we all work together," Prime Minister Justin Trudeau said Friday in Winnipeg.

Manitoba signed onto the national child-care plan in 2021. It saw Ottawa commit $1.2 billion to the province over five years.

Premier Heather Stefanson said hitting the milestone early is important for the future of Manitoba families. Those families are to pay a maximum of $10 a day for children age 12 and under at regulated non-profit child-care centres.

The province said that goes above and beyond the agreement with the federal government that required an average of $10 a day.

"We recognize that access to affordable and high-quality child care is essential for Manitobans to be able to participate in the workforce."

The Prime Minister's Office said it is capped at $10, and in some cases lower. However, for extended care and in some other scenarios the cap goes to $15. On average it works out to $10 a day.

Stefanson said families are to save thousands of dollars in child-care fees that will help pay for groceries and their children's futures.

She and Trudeau met with families before the announcement at a YMCA-YWCA in the city. Children chased each other in a playroom in the facility as their parents shared how the savings would affect their families.

One parent said the savings will allow them to put money toward diapers and formula.

While money was top of mind, one parent said she appreciated how easy the new deal is for busy families. Creating something that doesn't require parents to apply for the low rate is huge, she added.

Stefanson said since she became premier, she has prioritized collaboration with all levels of government.

The federal funds are also to be used to create 23,000 early learning and child-care spaces for kids age six and under by 2026.

Education Minister Wayne Ewasko said the province is also focusing on attracting and training childhood professionals to help meet that goal.

Manitoba's NDP Opposition said if the Progressive Conservatives don't move on creating more spaces, it will result in "chaos" for child-care centres and early childhood educators.

"The fact is, without real increases to operating funding for child care centres, child care will not improve," said Nahanni Fontaine, the NDP families critic.

The Canada-wide Early Learning and Child Care system has been key to the Liberal government's agenda. All 13 provinces have signed child-care agreements and a few have also achieved the $10-a-day child care ahead of schedule.

"By working together, Canada and Manitoba have achieved our shared goal of affordable child care," said Karina Gould, the federal families minister.

Later in the day, Trudeau paid a surprise visit to a group of about 20 health-care workers at the Grace Hospital. He brought the group treats from Tim Hortons and thanked them for their service.

Some of the workers told the prime minister that staffing shortages have led to long emergency room wait times.

"We're trying to work with the provinces to make sure you get more reinforcements," Trudeau told the group.

This report by The Canadian Press was first published March 3, 2023.

Brittany Hobson, The Canadian Press

Community groups merge to better ‘hold Manitoba Hydro accountable’

Fri, March 3, 2023 

Two grassroots organizations have joined forces and say they will now work to keep Manitoba Hydro accountable to the public, the environment, and communities directly affected by the actions of the Crown Corporation.

The Manitoba Energy Justice Coalition (MEJC) and the Wa Ni Ska Tan Alliance of Hydro-Impacted Communities said they have formed the Manitoba Hydro Accountability Board (HAB), an organization they say will work to “hold Manitoba Hydro accountable to the public.”

Both MEJC and the Wa Ni Ska Tan Alliance say they have concerns about the way Hydro currently operates in Manitoba, and believe because of their own goals and mandates as organizations, that the newly-appointed board should have a say in decisions made by Hydro.

“Sitting on the HAB are Elders and knowledge keepers, hydro-impacted community members, scientists, lawyers, activists, students, and youth,” HAB said in its media release.

“This team provides a unified community voice offering support and advice to ensure a responsible, sustainable and accountable MB Hydro.”

MEJC currently operates as a community-led alliance of volunteers living in Manitoba “committed to climate action and climate justice.”

The organization also says they are also committed to “confronting and addressing the harms that colonization has caused and is still causing,” to Indigenous people and communities in this province, and to “supporting the demands of the Land Back movement.”

And for more than seven years, the Wa Ni Ska Tan Alliance of Hydro-Impacted Communities has been working in Manitoba to document and evaluate the impacts of Hydro on First Nation communities, land, water, and livelihoods, with the goal of increasing awareness of the impacts of hydroelectric projects and “fostering social and environmental change.”

Both organizations say they united to form HAB because of a number of concerns regarding Hydro, including what they say is a “lack of accountability” to the public, and to those affected communities.

“The current MB Hydro board does not provide sufficient oversight or accountability to the Crown Corporation,” said Lisa Bellemare, who has been appointed as chair of the board of HAB.

“Their members are appointed by provincial politicians behind closed doors, and their own decision-making process is not transparent or publicly accountable.

“MB Hydro has free reign to build questionable projects using public funds.”

The group also said that Hydro could be doing more to combat climate change and to be more accountable to Indigenous communities that are affected by Hydro’s actions and decisions.

“The HAB debunks MB Hydro’s misrepresentation as a green utility operating for the consumer,” Bellemare said.

In an email, Manitoba Hydro spokesperson Bruce Owen rejected any notion that Hydro has not been accountable to the public.

“To suggest Manitoba Hydro is not accountable to those we serve is simply untrue,” Owen said.

In the email, Owen listed recent and upcoming events which he said prove Hydro is working to communicate with Manitobans.

“As it happens, our annual public meeting is March 14. The meeting will include a question-and-answer session with members of our executive team,” Owen said. “We’re also in the early stages of our 2023-24 & 2024-25 General Rate Application at the Public Utilities Board. Public hearing dates are scheduled to begin May 15.

“Lastly, Manitoba Hydro President and CEO Jay Grewal appeared before the Standing Committee on Crown Corporations on Jan. 12.”

HAB said that although MEJC and Wa Ni Ska Tan helped create HAB, the board and its members will operate as an independent entity and “welcome further networking and partnership opportunities.”

— Dave Baxter is a Local Journalism Initiative reporter who works out of the Winnipeg Sun. The Local Journalism Initiative is funded by the Government of Canada.

Dave Baxter, Local Journalism Initiative Reporter, Winnipeg Sun

Two former employees of Algerian Consulate in Montreal sue for workplace harassment

Fri, March 3, 2023 



MONTREAL — Two former cleaning employees of the Algerian Consulate in Montreal are suing the government of Algeria and its Foreign Affairs Department for about $450,000 in damages and unpaid wages.

Marisa Amaya, 65, and Elida Rivera Lopez, 70, say their experience working at the consulate has left them "psychologically and emotionally broken."

"My mental health got so bad that at one point, I thought about jumping in front of a metro …. My psychologist told me I was burned out," Amaya said in an interview on Friday alongside Rivera Lopez.

The two women are accusing Algerian Consul General Noureddine Meriem and his wife of abuse of power and of humiliating and harassing them on the job.

Amaya was hired in 2008, and Rivera Lopez in 2014. The women said that they were responsible for cleaning not only the consulate in downtown Montreal but also Meriem's personal residence, located in another part of the city.

"All I did was cry. I did not want to eat. I did not want to do anything. I would come into their home and greet him, and he would look away and ignore me," Rivera Lopez said.

The women filed separate lawsuits in August, describing the consulate as a "toxic" work environment that led both of them to take sick leave in 2021. The lawsuits state that the women were victims of "psychological violence" and "vexatious behaviour" within the Algerian Consulate.

"This sick leave and the deterioration of the plaintiff's mental health were directly caused by the toxic working conditions, humiliation and abuse of power suffered by the plaintiff, of which she was a victim of the Consul General of Algeria in Montreal and his wife."

The lawsuits, however, don't include specific details of the alleged harassment and humiliation that Amaya and Rivera Lopez claim to have suffered working at the consulate.

The allegations have not been proven in court.

In a written statement, the consulate on Friday said, "We would like to categorically deny the unfounded and defamatory allegations made by the two complainants against our institution."

"The Consulate General accords a great importance to the well-being of its employees. We all work in a climate of respect for the rights and dignity of everyone, as some thirty employees working in our institution can testify," the consulate said.

The women said Friday that the lawyer they hired to file the lawsuit dropped them as clients earlier in the week after they went public with their allegations to Le Journal de Montréal newspaper. The women say they are looking for a new lawyer and continuing their lawsuits.

This report by The Canadian Press was first published March 3, 2023.

—

This story was produced with the financial assistance of the Meta and Canadian Press News Fellowship.

Marisela Amador, The Canadian Press

Unifor president visits Windsor to support workers at Windsor Salt, Postmedia

Fri, March 3, 2023 

UNIFOR president Lana Payne met with Windsor Star employees Friday as the last locally-printed issue of the paper was scheduled to roll off the press. (Dale Molnar/CBC - image credit)

The national president of Unifor decried the role of investment companies in labour relations Friday as she visited Windsor to support striking workers at Windsor Salt and soon-to-be laid-off workers at the Windsor Star printing press.

Lana Payne toured the printing press facility Friday as the last locally-produced issue of the Star was scheduled to roll off in the evening.

She also visited the Windsor Salt picket line.

About 250 workers at Windsor Salt went on strike on Feb. 17, saying the company would not address its financial requests until the union agreed to let it contract non-union employees to work in its salt mine.

"It's a challenge because the company was purchased by a hedge fund during the pandemic, and we all know the history of hedge funds and how they operate," Payne said.

We're at the point right now of defending the very existence of our union in that mine - Lana Payne, president of Unifor

"We're at the point right now of defending the very existence of our union in that mine. Because the proposals from the company, the concessions that they're talking about, would basically potentially wipe out our membership."

The union is bargaining with Windsor Salt for the first time since the company was bought by U.S.-based holding company Stone Canyon Industries in 2021.

CBC News contacted the company for comment on the strike on Thursday but never heard back.

The challenge of dealing with such holding companies is one that Windsor Star printing press workers can relate to, Payne said.

"Things started changing with Postmedia obviously when they were purchased by a hedge fund," she said.

"They have a different approach to business than if you were a local company committed to making sure you're preserving jobs in the community."

Postmedia is moving production of the paper to Toronto, leaving about 75 employees out of work, the union said.

In a previous statement to CBC News, Postmedia said that the move was part of "ongoing transformation initiatives" and that the building would be listed for sale.

"We are grateful for the work done by our dedicated colleagues. We are working with union representatives, in accordance with the collective agreement, to ensure a smooth transition," a spokesperson said.

Unifor Local 517-G president Colin Brian told CBC he doesn't see any hope for preserving the press jobs, but he said it's not too late to fight for local distribution jobs in the area.

Dale Molnar/CBC

"When they bring that paper down to Windsor, they still need to bring that paper out to corners. They still need someone to unload and load the trucks, and that's 517-G worker jobs," he said.

The workers have a good collective agreement with Postmedia, Payne said, and the union will work to ensure that the company honours that agreement when it comes to terms such as severance.

It has also asked Postmedia's president and CEO for assurances that the paper's archives will be preserved in Windsor, she added.

"There's 135 years of stories in these archives, including worker stories. This is a workers' town. This is a union town, it's a Unifor town. And many of the stories of our members are contained in those archives," she said.

Payne also used her visit to call on the federal government to improve Employment Insurance access and benefits and to protect local news jobs by passing Bill C-18, which would require companies like Facebook to compensate news organizations for content shared on their platforms.

Nunavut judge throws out motion to dismiss Inuit language education lawsuit

Fri, March 3, 2023 

Children get onto a school bus outside of the Ulaajuk elementary in Pond Inlet, Nunavut, in 2019. A lawsuit charging that Nunavut's education system discriminates against Inuit will proceed, now that a judge has thrown out a motion to dismiss it. 

(Kieran Oudshoorn/CBC - image credit)

A lawsuit charging that the education system in Nunavut discriminates against Inuit students will proceed, despite the territorial government's efforts to have it thrown out of court.

Nunavut Court Justice Paul Bychok ruled Friday against a motion from the Government of Nunavut (GN) to dismiss the lawsuit. The GN now has 30 days to file a statement of defence.

Nunavut Tunngavik Inc. filed its lawsuit in the fall of 2021, claiming that the territory's failure to provide education to Inuit children in their language is discriminatory.

Right now, education in Inuktut is mostly available only up to Grade 4, with subject matter taught primarily in English and French in higher grades, despite the fact that Inuktut is the primary language in the territory.

A bill passed in 2008 promised to create Inuktut education for all grades by 2019, but never achieved that goal. A new bill passed in 2020 watered down that vision by requiring only some classes in Inuktut for all grades, and stretching out the timeline for implementation to 2039.

The territorial government filed its motion to dismiss the suit in April of last year, arguing that Nunavut Tunngavik's argument, which hinges on Section 15 of the Charter of Rights and Freedoms, was flawed.

Section 15 is about equality rights. The government said NTI's lawsuit is trying to use it to "expand" on education and language rights set out in other parts of the Charter — which it says is not allowed.

Justice Bychok heard arguments on the motion last August and ultimately rejected the government's argument.

He wrote that "the Supreme Court of Canada has left the door open" to the idea that Section 15 of the Charter could protect against discrimination based on language.

"Clearly, it is arguable that the 2019 Amendments [to Nunavut's Education Act] may impose a burden upon, or deny benefits to, Inuit," Bychok's decision reads.

He cites two ways in which the 2019 bill discriminates: "First, the Amendments may contribute to Inuit youth losing their language and their connection to Inuit culture. Just as importantly, the effect of the 2019 Amendments may be to perpetuate the undeniable historical disadvantages experienced by Inuit from colonialism."

Nunavut's minister of Education declined to immediately comment on the decision.

In a news release celebrating the decision, Nunavut Tunngavik Inc. said it was "appalled" by the government's arguments and called the decision a "significant validation that the claim is worth advancing."

ALBERTA
Former Africa Centre executive director wins lawsuit over dismissal

Fri, March 3, 2023 

Tesfaye Ayalew, the co-founder and former executive director of the Africa Centre, was awarded additional severence following a lawsuit against his former employer. (Edmonton Chamber of Voluntary Organizations - image credit)

The co-founder and former executive director of the Africa Centre has been awarded additional severance after winning a lawsuit against his former employer.

In a decision filed on Feb. 27, Court of King's Bench Justice Michael Lema found Tesfaye Ayalew was entitled to 14 months of severance.

In 2018, Ayalew was fired "without cause" amidst allegations of abuse and sexual harassment involving a former employee. He denied the allegations.

Later that year, Ayalew filed a wrongful dismissal lawsuit against The Council for the Advancement of African Canadians in Alberta (CAAC), which operates the Africa Centre. The centre offers family and educational support to the city's African community.

Lema ruled that Ayalew's age — he was 62 when he dismissed — his length of service, his leadership role and the limited other job opportunities, entitled him to additional reasonable-notice pay.

The Africa Centre was granted credit for the eight weeks of severance it paid to Ayalew in 2018.

Lema declined to award Ayalew any aggravated damages on top of the extended severance.

During the trial last month, Ayalew testified that he'd suffered reputational damage as a result of media coverage of the allegations that he had mistreated Africa Centre employees.

He said he'd been unable to find other employment in the non-profit sector, and so had decided to work as a taxi driver.

"That's how I was destroyed ... everything I built for 25 years was shattered in one blow [in part by] them throwing my name out there. How [could] I get a [new] job?" he told court.

Ayalew was placed on paid administrative leave in January 2018, following allegations of abuse and sexual harassment.

According to Lema's decision, in 2017 the Africa Centre's accountant resigned, making various allegations about being mistreated by Ayalew.

Ayalew was suspended in January 2018, and the CAAC board of directors hired an employment lawyer to investigate that person and two other employees' allegations against Ayalew which had also surfaced.

According to the decision, the board decided to terminate Ayalew "without cause" because the independent investigator found that Ayalew had not bullied, harassed, sexually harassed or otherwise mistreated employees.

In addition to the required minimum of eight weeks of severance, Ayalew was offered another month of severance if he agreed to sign an agreement releasing the board from all claims related to the dismissal.

Ayalew received the base severance, but declined to sign the release and filed the civil suit

With or without cause

During trial, the CAAC argued said that it subsequently received additional allegations against Ayalew that contradicted the report and that could have warranted a "with cause" dismissal

The CAAC argued that because they had "mistakenly" dismissed Ayalew without cause, they shouldn't have paid him severance. Instead, they argued, he should have to pay back the severance he received.

Lema found that the CAAC's explanation did not bear out.

"Armed with all the material allegations against Mr. Ayalew, the [board] decided, on its own, to dismiss him without cause," Lema said.

Lema also found problems with the board's argument that it had received new information that contradicts the investigator's findings.

"No evidence supports the (CAAC)'s position that, post-termination, it came into new information bearing Mr. Ayalew's conduct or in any case bearing on possible just cause for his dismissal," the judge wrote.

"Instead, all the alleged misconduct by Mr. Ayalew testified to by the three complaining individuals — i.e. everything put forward to establish just cause — was known to the board at the time of dismissal."

At the time of his dismissal, Ayalew's yearly salary was $83,130.

END FOR PROFIT CARE HOMES

Lawsuits claim thousands in unpaid bills connected to N.B. special care homes operator

Fri, March 3, 2023 

Two companies allege Amarjeet Singh Jatana owe them more than a combined $15,000 for unpaid goods and services provided to Villa Neguac and Foyer St-Bernard. (Radio-Canada - image credit)

Legal troubles are mounting for the man who had his licences revoked for two special-care homes he operated in northeastern New Brunswick.

Two companies have filed small claims lawsuits against Amarjeet Singh Jatana for services and goods provided to Villa Neguac and Foyer St-Bernard, which they allege were never paid.

The lawsuits by G.M Comeau Plumbing Ltd. and Miramichi Meat Ltd. amount to $15,621.51, according to documents obtained from the Miramichi Court of King's Bench.

They're the latest to be filed against Jatana, who's already facing lawsuits claiming he owes more than $790,000 in connection to other business ventures he's been involved with in New Brunswick and Prince Edward Island.

Radio-Canada

Marc Comeau of G.M. Comeau Plumbing is seeking $8,007.68 in unpaid services at Foyer St-Bernard, including interest on three invoiced amounts from February, July and August of last year.

Comeau said he was unable to comment on the lawsuit Friday.

CBC News wasn't able to contact Jatana for comment Friday, and calls made to Foyer St-Bernard went immediately to voicemail.

Miramichi Meat filed two lawsuits, each targeting Villa Neguac and Foyer St-Bernard, with Jatana also named in both of them.

In the suit naming Villa Neguac and Jatana, Miramichi Meat claims it's owed $4,206.36 for the non-payment of groceries purchased for the home.

In the other suit naming Foyer St-Bernard and Jatana, the company claims it's owed $3,407.47.

In both lawsuits, Miramichi Meat wrote that the defendant was given notice they had until January 31, 2023 to make payments, but that they never replied in order to make arrangements to do so.

No one from Miramichi Meat was available to speak to CBC News when contacted Friday.

Michèle Brideau/Radio-Canada

The lawsuits follow allegations by staff at the two homes that bills for food, electricity and waste collection went unpaid in the months leading up to the Department of Social Development revoking the licences at the two homes.

On Jan. 17, the department announced the operating licences for the two homes had been revoked to protect the well-being of 29 residents after an investigation found they weren't in compliance with established standards and practices.

The department has repeatedly declined to say which standards and practices weren't being complied with due to "confidentiality rules."

New owner says he's unaffected by lawsuits

The forced closure of the two homes prompted a scramble by residents and their families to find new homes before a Feb. 17 deadline.

In early February, Marc-André Vienneau, a nurse from the Acadian Peninsula, said he'd undertaken the process of purchasing Villa Neguac, and the provincial government later announced it had granted a temporary operating licence for the home.

Michèle Brideau/Radio-Canada

Contacted Friday, Vienneau said the transaction has gone smoothly, adding that he's unaffected by any lawsuits targeting Jatana or the company formerly representing the home he now owns.

"I bought the asset, not the company, so I'm not involved in any of this," said Vienneau, adding that he's established positive relationships with suppliers who had dealt with the previous owner.

In an email to CBC News on Feb. 16, a spokesperson for the Department of Social Development said no residents were living at Foyer St-Bernard and deferred any comment about the home's future to Jatana.

LONDON, ONTARIO
Project shines light on growing number of tenants forced from their homes

Fri, March 3, 2023 

A social advocacy group in Oxford County is looking for tenants who've been displaced from their homes, an occurrence its members say is increasingly common as the housing crisis drags on.

Social Planning Council Oxford members are looking to interview residents 18 and older willing to share their stories about being forced out of their homes due to harassment, discrimination, rising rent rates or "renovictions," a term used for evictions justified by claims of renovations or repairs.

"We have heard from working with our colleagues and chatting with people in the community that have experienced this, so we're trying to understand it better, but also draw attention to it because some people don't really understand the current market and what's happening with rentals," said Stephanie Ellens-Clarke, the council's executive director.

The interviews are part of a project called the Many Faces of Rural and Urban Displacement, which is also being carried out in three other Ontario communities.

"This project is to try to map displacement in Ontario," said Kama Vandevyvere, local engagement co-ordinator for Social Planning Council Oxford.

"We're trying to see the reasons that people are leaving their homes. The first part of the project is to interview people," she said, adding participants can remain anonymous. "And we're going to use that information to inform advocacy efforts."

The second part of the study, once interviews are complete, is to compile information and create resources to assist tenants facing eviction.

Organizers say the goal of the project is to identify trends in smaller rural communities and create recommendations that can inform policy change at the municipal and provincial levels to better address the housing crisis.

"We envision using the stories in some of our advocacy and communication campaigns that we have as part of the Oxford Housing Action Collaborative, but also the social planning council. It's helping to shift mindsets, so people can better understand the issues," Ellens-Clarke said.

The project, undertaken in Oxford, York Region, Kingston and Cornwall, is funded by the Community Housing Transformation Centre through the Community Based Tenant Initiative Fund.

Stories gathered in the next month will be shared with the Canadian Human Rights Commission that is studying tenant displacement countrywide, Ellens-Clark said.

"They're part of the national housing strategy. They're trying to better understand and then make specific policy changes at the federal level as well."

The interviews are expected to take 35 to 45 minutes and will be conducted by phone, online or in person until the end of March. Participants will receive a $50 grocery gift card for their time.

Anyone interested in sharing their story is asked to contact kama@spcoxford.ca or 226-228-0539. For more information about the project or Social Planning Council Oxford, contact stephanie.ellens.clark@spcoxford.ca or call the same number above.

cleon@postmedia.com

twitter.com/CalviatLFPress

Calvi Leon, Local Journalism Initiative Reporter, London Free Press

BC
A Crane Worker Died. Investigations Followed. What’s Changed?

Fri, March 3, 2023

Dockworkers at a Lower Mainland container port are still climbing cranes without working elevators despite an initial federal investigation that identified serious safety issues after a worker’s death.

In late January, some employees at Global Container Terminals’ Deltaport site refused to climb the 23 flights of stairs to the top of gantry cranes unless elevators were working. That was about six weeks after maintenance worker Dan Alder died Dec. 14 after experiencing a medical emergency while atop a crane.

The federal Labour Program investigation into his death found six safety violations, including failing to assess the risk faced by workers on its dockside cranes when elevators were not working and failure to develop an adequate rescue plan. The agency ordered changes.

The port, like airlines and rail transport, is federally regulated and the Labour Program is responsible for workplace safety.

But a second investigation by Transport Canada — a different federal department — found there was “no imminent danger” to workers if elevators aren’t functioning.

Transport Canada said its determination was based on “the availability of alternate means of egress from the crane operators’ cabins,” effectively requiring those workers to once again climb the cranes.

Neither of the investigations were released publicly, but The Tyee has obtained documentation about both and confirmed key details with Transport Canada and the company. The union has declined to comment.

One worker on the docks, who asked not to be identified because they feared repercussions from the company and union for speaking about the matter, said the International Longshore and Warehouse Union Local 502 has since appealed that decision. The union would not confirm that it had filed an appeal.

The union had repeatedly warned that first responders would struggle to reach workers on those cranes when the attached elevators were broken.

Chris McLeod, an occupational health and safety expert and a professor at the University of British Columbia, suggested Transport Canada may have examined a different set of criteria than its counterparts in Employment and Social Development Canada, the department that inspects workplaces.

But the fact two different federal departments gave conflicting signals on a worksite where a worker died raises plenty of questions, McLeod said.

“What is the procedure for emergency responders to provide aid? And why isn’t a functioning elevator part of that plan?” McLeod said.

The Labour Program’s initial investigation was sparked by Alder’s death.

He was required to summit the 56-metre staircase multiple times that day while carrying tools. The broken elevator meant a first aid attendant and first responders took longer to reach him.

Later, they placed Alder on a platform used for other maintenance work and lowered him about 13 metres so he would be within range of a cherry picker mounted on the back of a firetruck, which they used to transport him to the waiting ambulance.

Some union members said they had repeatedly warned there was no adequate plan to rescue workers on those cranes when the elevators were broken. The company and the federal government are both investigating the circumstances of Alder’s death.

Days after the federal government’s initial orders were released, workers refused to climb two of the cranes, including the one Alder was on before he died.

ILWU 502, in a written notice to the company, said there was no egress in the event of an emergency and that climbing the crane without a working elevator would delay medical care.

Alex Adams, the marine operations manager for the company, responded that the stairs provided egress and said it was “not unreasonable or unsafe” to request crane operators walk up the cranes. The response does not mention maintenance workers.

“It is the opinion of the employer that the absence of a working elevator does not constitute a hazard,” Adams wrote.

The issue ended up in front of Transport Canada, which regulates elevators. The department sided with the company.

Marko Dekovic, a spokesman for GCT, said the company is working with the union to address safety issues identified by the first investigation done by the federal Labour Program.

ILWU Local 502 president Rick Huburtise declined to comment when reached by phone. The union has not spoken publicly about the circumstances of Alder’s death or the subsequent investigation into it.

McLeod said the company should be transparent about what, if anything, has changed at Deltaport since Alder’s death.

“I think it’s fair to know what those orders were and what the followup was. Because until they’ve been brought into compliance with respect to the orders [from the Labour Program], they’re not complying,” McLeod said.

Zak Vescera, Local Journalism Initiative Reporter, The Tyee