Transportation Safety Board fails Dylan, Mitch and Ricardo

by Jack Locke

It is bad enough that a train killed Dylan Ford, Mitchell Bracken-Guenet and Ricardo Conesa in the early morning hours of October 31, 2010, but it is truly sad when our national safety board wrongfully accuses the boys of illegalities.

The TSB conducted a brief preliminary investigation. Their summary findings indicated that:

“VIA passenger train P668-31-30, proceeding eastward and approaching the Turcot tunnel at mile 4.23 at 70 MPH on the South main track of CN’s Montreal Subdivision, struck and fatally injured 3 young men of a group of 5 trespassers on the Railway’s right of way…”

However, calling the dead boys trespassers is an error in law, and an error pursuant to the TSB’s marching orders.

“In making its findings as to the causes and contributing factors of a transportation occurrence, it is not the function of the Board to assign fault or determine civil or criminal liability,” says the TSB mandate. CLICK HERE to read the full TSB mandate.

In labeling the persons who were on the tracks as “trespassers” the TSB is at the earliest stages attributing fault and prejudice.

Normally, the laws of trespass state that a person occupying another’s property must be informed of the trespass. Thereafter, if the person does not remove themselves, a charge of trespass may be laid.

This was not the case with the persons on the railway property.

For the TSB to impute criminal behaviour on individuals prior to allowing for due process is a violation of the TSB’s mandate and is akin to libel.

This basic error by the TSB investigator is the likely reason the TSB decided not to conduct an investigation into the tragic deaths of three innocent boys.

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This is the third installment of an independent investigation into the tragic railway accident that killed three young men in Montreal on October 31, 2010. Your comments and information are welcomed.

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3 Responses to “Transportation Safety Board fails Dylan, Mitch and Ricardo”

  1. Possible explanation to death of 3 Montreal teens | Lockeblog Says:

    […] investigation was conducted by the Canadian Transportation Safety Board (Transportation Safety Board fails Dylan, Mitch and Ricardo) to ascertain why the accident happened and what could be done to prevent similar future […]

  2. publicpoetry Says:

    Reblogged this on Lockeblog and commented:

    I am reposting my series on The Turcot Train Tragedy as it approaches the second anniversary of that horrible event. Alas, with no government accountability. Installment 3.

  3. Gillis Says:

    Of course the motivation here is one of legalities and financial obligations, demonstrating classic cynicism. What a pity, my heart goes out to the families of these poor kids.
    Peace
    Gil

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