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Vol. 79/No. 46 December 21, 2015
Rail workers in Quebec win support
against gov’t frame-up
BY BEVERLY BERNARDO
LAC-MÉGANTIC, Quebec — A court here Dec. 1 postponed making any
decisions and set an April 4 hearing to hear pretrial motions in the
Canadian government’s frame-up case against locomotive engineer Tom
Harding and train controller Richard Labrie, members of the Steelworkers
union. Along with former company manager Jean Demaitre, the two rail
unionists face possible life in prison on 47 counts of criminal
negligence causing death. All three have pled not guilty.
The trumped-up charges are part of efforts by the government and rail
bosses to scapegoat the workers for the July 6, 2013, derailment and
explosion of a 72-car Montreal, Maine and Atlantic Railway oil train in
Lac-Mégantic that killed 47 people.
Harding, the only crew on the train because of a special dispensation
from Transport Canada to protect the company’s profits, parked the train
in Nantes, uphill from Lac-Mégantic, with the engine running to power
the air brakes and setting a number of handbrakes, per company practice.
After he left a fire broke out on the engine, and firemen turned it off.
A company official said everything was OK.
When the brakes ran down, the train rolled and derailed in downtown
Lac-Mégantic.
Several members of the Citizens and Community Groups Rail Safety
Coalition, which organized the Oct. 11 March for Rail Safety of almost
1,000 people here, came to the hearing to demonstrate solidarity with
Harding and Labrie. “It’s not them, but government and company officials
who are responsible,” André Lachapelle of the Sécu-Rail Committee told
the Militant in an interview before the hearing.
Christiane Filteau, Demaitre’s lawyer, announced that she would propose
that the trial be moved out of Lac-Mégantic, arguing it isn’t possible
to get a fair trial in the town of 6,000 because almost everyone was
touched by the 2013 disaster.
Thomas Walsh, Harding’s lawyer, told the judge his client wants to be
judged “here in Lac-Mégantic.”
Many in the town believe Harding shouldn’t be on trial at all. “It’s not
Harding and Labrie who are guilty, but the company officials in Boston
and officials in the Ministry of Transport that should be charged,”
Jacques Breton, mayor of Nantes, told the Militant the night before the
hearing.
Breton works at the Bestar furniture manufacturing plant in Lac-Mégantic
and was recently elected president of the Unifor Local 299 union at the
plant. He served as a marshal at the Oct. 11 demonstration.
“Tom Harding is a hero; he risked his life that night. It’s not right he
be made a scapegoat for the tragedy,” Elisabeth Rodrique told the
Militant. She and her husband Marc own and operate a small motel in
Woburn, a town of 700 people 20 miles south of Lac-Mégantic. “Harding
and Labrie deserve support.”
Last spring the prosecution decided to go directly to a trial without
the usual preliminary hearing, depriving the defense the opportunity to
hear the government’s basis for their charges. “I plan to petition the
court to make the crown state its case,” Walsh said. “All parties are
interested in knowing the facts the prosecution claims back up its
charges.”
Walsh said he will move for a separate trial for Harding. The continuous
postponements in the case mean it’s unlikely the trial will take place
before the fall of 2016 or sometime in 2017, he said.
In a special pre-federal election autumn edition of the USW District 5
magazine Métallo (Steelworker) the union said the federal government
bears responsibility for the Lac-Mégantic disaster. “Adding insult to
injury,” an article said, the government is trying to lay the blame on
“two ordinary workers, members of USW Local 1976, who face serious
criminal charges.”
Solidarity messages for the Tom Harding and Richard Labrie defense
should be sent to their union, USW 1976 / Section locale 1976, 2360 De
Lasalle, Suite 202, Montreal, QC H1V 2L1. Email: info@xxxxxxxxxx. Copies
should be sent to: Thomas Walsh, Lawyer, 165 Rue Wellington N. Suite
310, Sherbrooke, QC Canada J1H 5B9. Email: thomaspwalsh@xxxxxxxxxxx
Contributions can be sent in Canada to Syndicat des Métallos, 565,
boulevard Crémazie Est, bureau 5100, Montreal, QC H2M 2V8. In the U.S.
checks can be sent to Tom Harding Defense Fund, First Niagara Bank, 25
McClellan Drive, Nassau, NY 12123.
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