Transport Canada urged to upgrade Moncton rail crossing — quickly

While Transport Canada has agreed a railway crossing in Moncton needs to be improved for anyone using assistive devices, the Transportation Safety Board is asking its fellow federal agency to make those improvements happen a little more quickly. 

Steven Harel's motorized wheelchair became stuck at the Robinson Street crossing in downtown Moncton as he was crossing the railway tracks the night of July 27, 2016.

The 29-year-old was struck and killed by a train after being stuck at the crossing for about an hour.

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After an 18-month investgation, TSB released its recommendations in February to improve not only the railway crossing in Moncton, but similar crossings across Canada. 

Jennifer Philopoulos, a TSB accident investigator says there is a window of opportunity for making those improvements while the railways are doing other work on the crossings. 

"We just believe that while this work is already being done it would be a great opportunity for everyone to take advantage of the resources that are being used at that time and upgrade the crossings to an even higher standard," she said.  

Deadline for improvements

All grade crossings across Canada have to be upgraded by 2021 to meet Transport Canada's Grade Crossings Regulations, implemented in 2014.

Transport Canada's response to the TSB recommendations after Harel's death included reviewing studies describing engineering options and consulting with stakeholders for further assessment. 

But TSB issued a statement July 18 asking Transport Canada to expedite its work to meet the 2021 deadline for the grade crossing improvements. 

"We will continue to assess and follow up with them to see where they are on that," said Philopoulos. "We did make a statement to encourage them to expedite these activities, because the grade crossing regulations do have a time period where the grade crossings are being upgraded." 

Transport Canada declined to be interviewed. The agency issued a written response stating that rail safety is the top priority for the Minister of Transport and the government is continuously looking for ways to make the railway system safer for Canadians.

Fix it now, not later

Harel's mother, Diane wants to see the work done now, not later. 

"We haven't gone lately to see what kind of work they're doing but I can just imagine if it's saying it's not fast enough … I think it should go faster."

​Harel said on her last visit she was saddened to see the crossing was still the same as when her son was killed two years ago. She said her son has lots of friends in wheelchairs who could face the same danger that her son did the night he died. 

"After the accident you would think that they would go faster, but I guess not," she said.  

Harel and her husband, Yvon Harel, have filed a lawsuit against CN Rail, the City of Moncton, Invacare Canada and Embracor Medical. 

The suit claims, among other issues, that CN and the City of Moncton were negligent by failing to properly inspect, maintain and repair the railway crossing and street for the safe use of wheelchair users.

City of Moncton spokesperson Isabelle LeBlanc said in an email that nine grade crossings in the city have been recommended for improvements. She said some preliminary work has begun.