First Nation wants accountability after fires along railway lines

A First Nation in B.C.'s Interior is demanding accountability from railway companies, claiming they are responsible for several fires on band land over the past three months. 

The Cook's Ferry Indian Band, whose band office is located in Spences Bridge, about 180 kilometres northeast of Vancouver, says there have been five fires between April 30 and July 7 along rail lines in and around their community.

The chief of the band worries that without proper prevention and fire suppression efforts on the part of rail companies, there could be disaster for the community. 

In a statement posted to Band Chief Christine Walkem's Facebook page, the band alleges one of the fires occurred on a CN Rail line, while the other four happened on a line belonging to Canadian Pacific Kansas City rail, formerly known as Canadian Pacific Railway.

"These fires have caused significant distress and disruption in our community," the statement from Chief Walkem reads. 

The band worries the companies are not committed to fire prevention and response. 

"Stop waiting for disaster to happen and to be told what is necessary to do the right thing."

The band points to the Lytton fire of 2021, which destroyed the nearby village of Lytton and forced the evacuation of several communities, including Cook's Ferry Indian Band. The statement says the Cook's Ferry Indian Band believes that fire "originated from railway operations." 

"While each of these fires seem small in comparison to the devastating Lytton Creek fire, concerns and impacts must not be dismissed," the statement says.

Cause of Lytton fire not yet determined

The cause of the Lytton fire has not yet been determined, but locals have alleged seeing sparks flying from a nearby rail line before it began. 

Last summer, the B.C. Supreme Court rejected a class action lawsuit against the two rail companies. The plaintiffs, both Lytton residents, alleged CN and CP rail were responsible for the fire that destroyed their community. 

The judge said there was no evidence to support the claim that the rail companies were responsible for starting the fire. 

In October 2021, investigators with the Transportation Safety Board said they did not find evidence that trains running near the village of Lytton were responsible for the fire.

In a statement, CPKC told CBC that it has reached out to the band to discuss the fires and the company's response to them. The company says all four fires referenced are being investigated by the B.C. Wildfire Service. 

The B.C. Wildfire service says it is investigating fires in the area on May 24, July 1, July 4 and July 7 — all of which line up with the First Nation's dates. However, the wildfire service did not have information about the April 30 fire, which the band says was started on a CPKC rail line. 

CPKC says a helicopter with a line and bucket contracted by the company was the first on scene to the May 24 and July 7 fires. 

The company said it has its own firefighting equipment, including multiple fire suppression trains. In 2021, the company gave the Cook's Ferry Indian Band a 5,000-gallon water bladder and this year, it offered another one, CPKC says.  

However, in its statement, the First Nation says the bladder is small and not equipped to fight wildfires. 

In an email, CN Rail confirmed it sent a letter to the Cook's Ferry Indian Band and shared its plan for fire prevention and response. 

In the letter, the company says there is no evidence to suggest the fire on July 4 was caused by CN Rail operations. It also suggested the fire originated 46 metres away from the tracks. 

The company told CBC News that they invited the Cook's Ferry Indian Band to offer comments on their extreme weather plan, which speaks to prevention, monitoring and response to wildfire risks for extreme fire danger in any given area, in 2022. 

"While Cook's Ferry did not provide comments at the time, we continue to welcome their comments that would improve the safety of the communities in which we operate," a CN spokesperson said. "We have offered to meet with the Chief and the CFIB leadership at their earliest convenience."