Judgments

Decision Information

Decision Content

T-1883-83
Canadian Pacific Limited (Applicant)
v.
Canadian Transport Commission (Respondent)
Trial Division, Strayer J.—Ottawa, August 29, 30 and September 2, 1983.
Judicial review — Prerogative writs — Prohibition and certiorari — Whether jurisdiction in Canadian Transport Commission or Railway Transport Committee to conduct public inquiry into railway accident following investigators' report — Interpretation of s. 226 of Railway Act — No denial of natural justice so far, as sufficient notice given to interested parties; as for future, denial only apprehended — Rules of natural justice not applicable to parts of recommendations concerning making of orders and proposing regulations as such functions legislative in nature — Application dismissed — Railway Act, R.S.C. 1970, c. R-2, ss. 226, 227 — National Transportation Act, R.S.C. 1970, c. N-17. ss. 5, 17, 24, 45 (as am. by S.C. 1977-78, c. 22, s. 18(1)), 48 (rep. and sub. idem, s. 18(2)), 55 (as am. by R.S.C. 1970 (2nd Supp.), c. 10, s. 65 (Item 32)), 64(2) (as am. idem), 74, 81, 82 (as am. by S.C. 1977-78, c. 22, s. 18(4)) — Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, ss. 18, 28, 29 — Canadian Transport Commission General Rules, SOR/83-448, ss. 3, 7(2).
Following a railway accident in which five people were killed and nine injured, the Railway Transport Committee of the Canadian Transport Commission appointed investigators to inquire into its causes and into ways of preventing the recur rence of such accidents. The Commission subsequently decided to hold a public inquiry into the matter. At the first hearing, the applicant objected to the proceeding, arguing that the Committee lacked jurisdiction and that it would be difficult to ,have a fair hearing since the report contained nothing specific against any of the parties concerned. The Committee rejected these contentions.
This is an application for prohibition to prevent the public inquiry from proceeding and for certiorari to quash the prelim inary decisions of the Committee with respect to its jurisdiction to proceed in this matter. The applicant argues (1) that section 226 of the Railway Act authorizes the holding of inquiries by investigators only, not by the Commission nor the Committee; (2) that the only action that can be taken under subsection 226(2) is to suspend or dismiss employees; (3) that to avoid denying natural justice to the parties, the Committee should proceed under sections 45 or 48 of the National Transportation Act which require adequate notices to be given.
Held, the application should be dismissed.
The application is properly brought under section 18 of the Federal Court Act as what is challenged is not a final order or
decision but preliminary rulings. As for the interpretation of section 226, it is apparent from reading sections 5, 17, 81 and 82 of the National Transportation Act, that section 226 allows the Committee to hold a "public inquiry". It is also clear that subsection 226(2) contemplates a broader response than the mere ordering of the suspension or dismissal of railway employees.
There has been no denial of natural justice so far, the concerned parties having received adequate notice; as for the future, there can only be apprehension of such denial, which is not sufficient for the Court to take action. Furthermore, the rules of natural justice are not applicable to those parts of the recommendations dealing with the making of orders and the proposing of regulations because such functions are legislative in nature.
CASES JUDICIALLY CONSIDERED
APPLIED:
The Attorney General of Canada v. Cylien, [1973] F.C. 1166 (C.A.); In re Anti-dumping Act and in re Danmor Shoe Co. Ltd., [1974] 1 F.C. 22 (C.A.); Guay v. Lafleur, [1965] S.C.R. 12; In re Daigle and in re Canadian Transport Commission, [1975] F.C. 8 (C.A.); CRTC v. CTV Television Network Ltd., et al., [1982] 1 S.C.R. 530.
COUNSEL:
N. D. Mullins, Q.C. and Marcella M. Szel for
applicant.
K. M. Bloodworth for respondent.
Grant Nerbas for Canadian National Rail
ways.
Jean Patenaude for VIA Rail Canada Inc.
A. Hepner for G. A. Grant.
SOLICITORS:
Canadian Pacific Law Department, Calgary, for applicant.
Canadian Transport Commission Legal Ser vices, Winnipeg, for respondent.
Canadian National Railways Law Depart ment, Winnipeg, for Canadian National Railways.
VIA Rail Canada Inc. Legal Department, Montreal, for VIA Rail Canada Inc. MacPherson & Associates, Calgary, for G. A. Grant.
The following are the reasons for judgment rendered in English by
STRAYER J.: This is an application for prohibi tion to prevent the Railway Transport Committee
of the Canadian Transport Commission from pro ceeding with a public inquiry concerning a certain railway accident, and for certiorari to quash cer tain preliminary decisions of the Committee with respect to its jurisdiction to proceed in this matter. The accident occurred on March 23, 1983 at mileage 34.9, Canadian Pacific Limited, Red Deer Subdivision, in the Province of Alberta. It involved a VIA Rail diesel car, operated by the CPR under contract with VIA, which was accidentally divert ed into a siding where it collided with some sta tionary tank cars. As a result five people were killed and nine were injured.
On March 24, 1983, the Railway Transport Committee made an order, purportedly under sec tion 226 of the Railway Act [R.S.C. 1970, c. R-2], appointing Mr. M. D. Lacombe and Mr. Joseph Kolodrubsky "to inquire into the causes of and circumstances connected with the aforesaid acci dent, including all particulars relating thereto and into all matters and things deemed likely to cause or prevent such an accident". The investigators conducted an extensive investigation which com prised, according to their report, "the evaluation of related correspondence; discussions, interviews or formal statements taken under oath; and specific detailed information acquired from ..." numerous officials, employees of the Canadian Pacific Rail way, and from the Canadian National Railways. They noted that "the results of CP's investigation could only be partially reviewed herein. Certain specific data requested—such as employee state ments were not made available to the authors due to CP's claim that such information is privileged". The investigators' report was issued on July 8.
In the meantime the Canadian Transport Com mission, on June 14, 1983, had issued a "notice of public hearing". The notice cited both the Railway Act and the National Transportation Act [R.S.C. 1970, c. N-17] as authority and described the inquiry as being "into the causes of and the cir cumstances connected with the accident on March 23, 1983". The notice went on to explain that:
At the first session, the inquiry intends to hear evidence from the persons appointed under section 226 of the Railway Act to inquire into the subject accident. The inquiry will then be adjourned to a later date at which time the inquiry will hear relevant submissions and evidence from officers and employees of the railway companies, and other persons possessing exper tise, as well as members of the public.
It indicated that the investigators' report would be available about ten days before the hearing, which was fixed for July 19. It also indicated that "All persons who wish to do so may present their views on this matter during the inquiry."
On July 11, solicitors for Canadian Pacific Rail way wrote to the Commission asking for particu lars as to the specific jurisdiction or authority under which the Canadian Transport Commission was proceeding. In its reply of July 18, the CTC referred to sections 226 and 227 of the Railway Act and section 17 of the National Transportation Act.
Section 226 of the Railway Act reads as follows:
226. (1) The Commission may appoint such person or per sons as it thinks fit to inquire into all matters and things that it deems likely to cause or prevent accidents, and the causes of and the circumstances connected with any accident or casualty to life or property occurring on any railway, and into all particulars relating thereto.
(2) The person or persons so appointed shall report fully in writing, to the Commission, his or their doings and opinions on the matters respecting that he or they are appointed to inquire, and the Commission may act upon such report and may order the company to suspend or dismiss any employee of the com pany whom it may deem to have been negligent or wilful in respect of any such accident.
Section 227 authorizes the Commission to make orders and regulations concerning a great variety of matters specified therein. The main purpose of such regulations appears to be to ensure the safety of members of the public and employees of the Railway.
Section 17 of the National Transportation Act provides as follows:
17. (1) The commissioners shall sit at such times and con duct their proceedings in such manner as may seem to them most convenient for the speedy dispatch of business.
(2) They may, subject to this Act, sit either together or separately, and either in private or in open court; but any complaint made to them shall, on the application of any party to the complaint, be heard and determined in open court.
Section 45 of that Act [as am. by S.C. 1977-78, c. 22, s. 18(1)], which appears in Part IV entitled
"GENERAL JURISDICTION AND POWERS IN RESPECT OF RAILWAYS" empowers the Commis sion to "inquire into, hear and determine" any complaint that a railway company has failed to carry out its responsibilities under the Railway Act or any regulation thereunder, or has violated such Act or regulation. The Commission is also empow ered to order and require the company to take, or refrain from, any relevant act. In performing these functions it has the power of a superior court. Section 48 of the National Transportation Act [rep. and sub. S.C. 1977-78, c. 22, s. 18(2)] empowers the Commission on its own motion to inquire into, hear and determine any matter that might have been the subject of such a complaint.
When the hearing of the Railway Transport Committee opened in Calgary on July 19, 1983, counsel for the CPR objected to the proceeding on the grounds that the Committee lacked jurisdic tion to proceed in this fashion. Counsel argued that the Commission, or the Committee exercising its powers, had no authority to hold a public hearing upon receipt of a report. It was said that all the Commission could do was to act on such a report. It was further argued that the only action the Commission or Committee could take would be to order the company to dismiss an employee. It was argued that section 17 of the National Trans portation Act gave no independent authority to hold a hearing. Further it was said that the report of the investigators was not a report as contem plated by section 226, as "it has no findings, conclusions, or facts in it, and that the Commis sion has nothing to act on with respect to those matters". Counsel for the CPR also suggested that it would be difficult to have a fair hearing where there were no specific allegations, complaints, or particulars given in the report against any one of the parties concerned or referred to therein.
The Railway Transport Committee rejected these contentions. It ruled that it had jurisdiction to proceed with the public hearing. It also took the view that under section 226 it had the power to
"act upon such report" in ways additional to ordering the suspension or dismissal of an employee of the Railway. With respect to the arguments of denial of natural justice, the Chair man stated: "We agree that natural justice is a vital right and must be followed by this body, and it is with that in mind that we have released the report made to us to all affected, including the general public, and will allow the Investigating Officers to be questioned on this report" (tran- script of proceedings, page 45).
Once these rulings were made, counsel for the CPR made an application to the Committee under section 55 of the National Transportation Act [as am. by R.S.C. 1970 (2nd Supp.), c. 10, s. 65 (Item 32)] for the Committee to state a case on relevant questions of law and jurisdiction to the Federal Court of Appeal. The Committee declined to do so. On July 20, however, it did adjourn further proceedings until September 12, to enable counsel to seek judicial review of its preliminary rulings on jurisdiction. Before adjourning, the Chairman explained how the Committee intended to proceed when it reconvened on September 12. He explained that they intended first to make the investigators available for cross-examination and then "use their recommendations as an agenda for the hearing". In starting with the problems identi fied by the investigators, the Committee would "determine whether or not these have been resolved satisfactorily by actions on the part of VIA or CP". If the Committee could determine from its hearing that regulatory action is required to protect against the occurrence of another acci dent "it is our intention that appropriate orders and regulations would be issued". With respect to possible orders for the suspension or dismissal of specific employees, it was noted that the investiga tors had not recommended such action and the Committee did not at that point intend to consider that question. "We would not consider such action before giving specific notice to the employee or employees involved of our intention to consider the issue together with sufficient time for them to prepare" (transcript of proceedings, pages 66, 67).
This application was commenced by originating notice dated August 10, 1983. While the notice appeared to question directly the power of the Committee to hold a public hearing or to release the investigators' report to the public, as well as questioning the validity of the report itself, Mr. Mullins in argument for the CPR modified this position somewhat. He argued that, first, the Rail way Transport Committee has no jurisdiction to hold a further inquiry into this accident. Once the investigators' report is received, then the Commit tee must act upon it. Secondly, if instead the Committee does have the power to hold a further inquiry, then the proceedings here are in breach of natural justice because there is no adequate notice to affected parties setting out the grounds for, or nature of, any orders that might be made against them. Thirdly, even if the Committee has the power to proceed in this matter it may not adopt rules or regulations as a result. It can only make recommendations to the Commission to make such regulations. Authority for this proposition included section 24 of the National Transportation Act which authorizes the establishment of committees and allows them to exercise any of the powers of the Commission "in accordance with the rules and regulations of the Commission", together with the Canadian Transport Commission General Rules (SOR/83-448), subsection 7(2) of which states that "A regulation making power granted to the Commission shall not be exercised by a Committee referred to in section 3." The Railway Transport Committee is one of those referred to in section 3 of the Rules.
No objection was raised as to this matter being dealt with under section 18 of the Federal Court Act [R.S.C. 1970 (2nd Supp.), c. 10] instead of under sections 28 or 29 of that Act. I would merely note that, considering that what is being challenged here are the preliminary rulings by the Railway Transport Committee as to its own juris diction, and not a final order or decision, the application is properly brought under section 18 within the principles enunciated by the Court of Appeal in The Attorney General of Canada v.
Cylien, [1973] F.C. 1166 (C.A.) and In re Anti- dumping Act and in re Danmor Shoe Co. Ltd., [1974] 1 F.C. 22 (C.A.).
The position taken by the CPR is essentially as follows:
(1) Neither the Canadian Transport Commission nor the Railway Transport Committee thereof has any power to conduct an inquiry under section 226 of the Railway Act. The inquiry provided for in that section is the investigation carried out by the investigators appointed by the Commission or its Committee.
(2) The only action which the Commission or its Committee may take under subsection 226(2), after receipt of the report of the investigators, is to order the company to suspend or dismiss any employee for negligence or wilful misconduct. In other words, the words "may act upon such report and may order the company to suspend or dismiss any employee" should be read conjunctively.
(3) If, notwithstanding positions (1) and (2), it should be held that the Railway Transport Com mittee can hold a hearing on the possible need for further regulations governing other aspects of rail way safety, the Committee can only make recom mendations to the Commission in this respect and cannot make regulations. As I understand it, this position is not disputed by the Commission.
(4) If the Committee wishes to proceed to deal with complaints of misfeasance or non-feasance by the Railway it should do so under sections 45 or 48 of the National Transportation Act. To proceed under either of those sections it is necessary for the Committee to give the Railway notice, adequate both in its specificity and in time, so that the Railway can be prepared to answer such "charges". The CPR takes the view that the public inquiry as presently contemplated may lead to such findings against the Railway without the company having the opportunity to prepare for and answer unspecified accusations against it.
Thus the CPR asks for prohibition and certio- rari, on the basis that these preliminary determi-
nations by the Railway Transport Committee are both in excess of its jurisdiction and will lead to a denial of natural justice. As I understand it, the CNR supports this position as does G. A. Grant, a shop manager for CPR, both of whom were repre sented before me.
The Canadian Transport Commission has taken essentially the following positions:
(1) Subsection 226(2) of the Railway Act author izes the Commission or its Committee to take various forms of action quite apart from ordering the suspension or dismissal of a railway employee. In other words, the words "may act upon such report and may order the company" should be read disjunctively.
(2) Therefore the Committee, having received the report from the investigators, is now considering in what way it should act upon the report. In consid ering that question, as in holding sittings for the transaction of any business, it may, as provided in section 17 of the National Transportation Act, "sit either together or separately, and either in private or in open court".
(3) The main focus of such a hearing would be to consider the possibility of exercising the powers under section 227 of the Railway Act to make orders or regulations. In so far as the hearing is for the purpose of receiving views on possible delegat ed legislation, it is more of a legislative process than a quasi-judicial process.
(4) However the proceeding might be character ized, whether legislative or quasi-judicial, ade quate notice has been given to the CPR and other parties through the report of the investigators, its recommendations, and the indications by the Rail way Transport Committee on July 19 and 20 as to how it intends to proceed. Moreover, the parties will have had the report and the further explana tions of the Committee for several weeks prior to the intended resumption of the hearings on September 12.
VIA Rail, also represented before me, does not contest the jurisdiction of, or procedure adopted by, the CTC.
First, I am satisfied that subsection 226(2) of the Railway Act contemplates a broader response than merely the ordering of the suspension or dismissal of railway employees. I believe it to be the duty of the Court to give effect to each of the words in the statute unless the context clearly indicates otherwise. In my view the context does not so indicate. Subsection 226(1) empowers the Commission to appoint investigators "to inquire into all matters and things that it deems likely to cause or prevent accidents, and the causes of and the circumstances connected with any accident". It is the report of those investigators which the Com mission is empowered to "act upon". If "act upon" were to be confined to the ordering of suspensions or dismissals of railway employees, surely the pur pose of the investigation would be similarly cir cumscribed in subsection 226(1). Surely an inves tigation could be ordered under subsection 226(1) even in accidents involving no railway employee. If the narrow interpretation of subsection 226(2) were accepted, in the present situation there would appear to be practically nothing remaining here for the Commission to do, since the Railway has already taken action with respect to various employees. Section 226 is included in a portion of the Act headed "ACCIDENTS". This section carries a subheading "Commission May Direct Inquiry". In the context, I see no clear indication that Parliament intended the Commission only to con sider the possibility of misfeasance or non-feasance by railway employees. It is more likely that Parlia ment intended that the Commission through its investigators should learn as much as possible about the cause of such accidents and use that information for various purposes in its regulatory activities. In addition, it can make orders with respect to the suspension or dismissal of particular employees.
In its telex of July 18 in response to the letter of July 11 from the solicitors for the CPR, the Com mission stated that it was proceeding under sec tions 226 and 227 of the Railway Act and asserted that by section 17 of the National Transportation Act it had discretion as to its manner of proceed ing. In her argument before me, Mrs. Bloodworth, counsel for the Commission, assured the Court that what was contemplated by the Commission
was the possible making of orders and regulations under section 227 of the Railway Act on the basis of the investigation carried out under section 226 and on the basis of information and views emerg ing during the public hearing through cross-exami nation of the investigators, the submissions of interested parties and members of the public, fur ther expert evidence, etc. This stated purpose of the public hearing was also asserted by the Chair man of the Railway Transport Committee. At page 3 of the transcript of July 19, he said: "I would like to stress that our jurisdiction is over railway safety, and that our interest in these pro ceedings is in investigating this accident in order to determine what measures are necessary to prevent future rail accidents." At page 5, after referring to section 227, he said: "in considering the results of any accident investigation, the Commission has to decide whether or not the circumstances require it to institute any further regulatory initiatives in the area of rail safety". Again, at page 67, he said: "If we can determine after hearing from these and other parties that regulatory action is required to protect against the occurrence of another accident, it is our intention that appropriate orders and regulations would be issued."
On the basis of these statements of intent, I am of the view that the Railway Transport Committee can proceed with the hearing which it has announced.
Counsel for the CPR, supported by counsel for the CNR, argued that there was no authority for a "public inquiry" in the circumstances. In their view, all that the Commission could do under section 226 was to receive the report from its investigators: it is the investigation, carried out in private by those investigators, which constitutes the "inquiry" authorized by section 226. This con tention is answered in part by the provisions of section 17 of the National Transportation Act. When a report has been made to the Commission under subsection 226(2) it or its Committee must surely meet to consider the report. In so meeting,
the Committee may, pursuant to section 17 of the National Transportation Act, decide to sit "either in private or in open court". If it decides to sit "in open court" it can invite the railway companies, the other interested parties, and members of the public generally to attend and participate in a discussion if it so wishes. The critical point will be reached if in such proceeding the Committee wishes to compel the attendance of witnesses or, perhaps, to administer oaths to witnesses. But here the Committee can rely upon the general power of the Commission under section 82 of the National Transportation Act [as am. by S.C. 1977-78, c. 22, s. 18(4)]. This section provides, inter alia, that "the Commission ... may (c) require the attend ance of all such persons as it ... thinks fit to summon and examine, and require answers or returns to such inquiries as it ... thinks fit to make; (d) require the production of all material books, papers, plans, specifications, drawings and documents; and (e) administer oaths, affirmations or declarations . ..". This section, together with section 81, appear under a heading "Inquiries". While neither section specifically authorizes the Commission itself to hold an inquiry, section 82 nevertheless gives the Commission specific author ity to compel witnesses to attend and the produc tion of documents, etc. This would appear to be a general power available to the Commission in con nection with or to supplement any "inquiry". Therefore I conclude that the Railway Transport Committee has power to hold such a public meet ing, to invite submissions as it has done, and to put witnesses under oath as it apparently intends to do. This is by way of analyzing or completing to its satisfaction an inquiry commenced by the appoint ment of investigators.
It may also be noted that under section 74 of the National Transportation Act there is a general authority for the Commission to order witnesses to be examined upon oath and section 5 of that Act makes Part IV thereof (in which both sections 82 and 74 are found) applicable to "every inquiry ... or other proceeding under this Act, the Railway Act ...", etc. In my view the Committee's con-
sideration of the investigators' report is a "pro- ceeding" under the Railway Act.
There remains the question: even though the Railway Transport Committee has the jurisdiction to proceed with the public hearing, has it denied, or is it about to deny, the procedural rights of the Canadian Pacific Railway? The CPR has asserted that it will be denied natural justice because it has not been notified of specific complaints against the Railway nor of specific action contemplated by the Railway Transport Committee.
It must first be noted that what is involved here is an apprehended denial of natural justice, not one which has already occurred. In such circumstances I think courts must be hesitant to assume that a tribunal will proceed to deal with the interests of individuals or companies without affording them notice, and opportunity to prepare, of a nature suitable for the kind of process in question.
It is difficult to characterize with assurance the nature of this proposed hearing. As the recommen dations of the investigations are to be used "as an agenda", one must mainly look to them. Recom mendations (i), (iii), (iv), and (vi) call for the CPR or VIA to provide further information and views on certain specified matters. Recommendation (ii) apparently calls for the Committee to seek other expert evidence concerning air brake systems on rail diesel cars. Recommendation (v) specifically recommends the making of a particular regulation by the CTC.
All of these recommendations, and recommen dation (v) in particular, if followed by the Com mittee, could lead to further general orders being made, or general regulations being recommended for adoption, under section 227 of the Railway Act. For that purpose the Committee would be performing a legislative function. While it is highly desirable that both the parties regulated and interested members of the public have an opportunity to make their views known before such general measures are adopted, I do not think that the rules of natural justice or fairness apply to
such a process. It must also be observed here that the CPR strongly asserted, and counsel for the Commission did not disagree, that the Railway Transport Committee cannot itself adopt regula tions but can only make recommendations to the Commission to adopt them. There is considerable authority to the effect that where a body only studies and makes recommendations, the rules of natural justice are inapplicable. See for example Guay v. Lafleur, [1965] S.C.R. 12.
But it is also possible that in certain respects the recommendations, if followed by the Committee, might lead it to make specific orders that would apply only to CPR or VIA, and that would have the effect of specifically correcting what the Com mittee might conclude were shortcomings which contributed to this accident. Such a process should be governed by the rules of natural justice or at least the requirements of fairness.
It appears to me that the Railway Transport Committee's action prior to July 19 might have given rise to reasonable concern about a denial of natural justice or fairness. The notice it issued on June 14 simply indicated that it would hold a public inquiry with respect to "the causes of and the circumstances connected with the accident on March 23, 1983" and that at the first session the inquiry would hear evidence from the investigators at which point it would adjourn to a later date. The report of the investigators became available on July 8 and in my view the report, together with its recommendations, did provide much of the necessary information for the Railway and other parties to prepare themselves. However there was very little time for the CPR to analyse the report between July 11, when it received the report, and July 19 when the hearing started. It was at the hearing where the Chairman of the Committee explained, as noted above, the manner in which the Committee intended to proceed: that it would use the recommendations in the report "as an agenda for the hearing"; "to start from the problems identified by our investigators, to determine whether or not these have been resolved satisfac torily by actions on the part of VIA or CP. If we can determine after hearing from these and other parties that regulatory action is required to protect
against the occurrence of another accident, it is our intention that appropriate orders and regula tions would be issued" (see transcript, pages 66, 67). It was such statements at the hearing that clarified the main thrust of the process to be the consideration of new orders or regulations.
As a result, however, of this additional informa tion and of the delay from July 20 to September 12, the adjourned date of the hearing to allow for the proceedings taken in this Court, it appears to me that all interested parties should have had sufficient time to prepare themselves, in the light of the report and the explanations given at the hearing in July, to deal with the kind of issues I am discussing here, namely those that arise out of the events of a particular accident and may lead to new laws bearing particularly on the parties involved in that accident.
Further, it is possible that the Committee might conclude that there was some indication of a breach of existing law on the part of one or both of the companies involved. This might suggest to the Committee that further action might be required, under sections 45 and 48 of the National Trans portation Act or otherwise, to have a formal deter mination of a violation of the law and, if con firmed, the application of specific sanctions or remedies. But to proceed to such a step would be a process of the same nature as the exercise of the Committee's power to order the suspension or dismissal of a railway employee under section 226. The Federal Court of Appeal has held in In re Daigle and in re Canadian Transport Commis sion, [1975] F.C. 8 that the use of this power required observance of the audi alteram partem rule. The Committee in the present case recog nized its obligation, should it decide to consider such actions in respect of any employees, to give them notice of its intentions and allow them time to prepare (see transcript, page 67). I am assum ing that the Committee is prepared to give the same kind of notice to the CPR or VIA if it decides to take steps under sections 45 or 48 of the
National Transportation Act to adjudicate on pos sible breaches of existing law.
As I have indicated above, I believe that what has transpired thus far has given the companies sufficient notice, in relation to the kind of issues which the Committee has said it will deal with, to provide natural justice or fairness. Under the cir cumstances, I do not think it is necessary for something like a formal accusation to be delivered to the companies at this stage. See CRTC v. CTV Television Network Ltd., et al., [ 1982] 1 S.C.R. 530. The Committee can proceed, on such notice as has been given, to see whether the facts sur rounding the accident would suggest the adoption of new orders or regulations particularly applying to the installations, equipment or procedures involved in this accident. It is clear that other remedies will be available to the applicant if the Railway Transport Committee should in fact con duct itself in such a way as to deny the applicant natural justice. There would be a possibility of an appeal under subsection 64(2) of the National Transportation Act [as am. by R.S.C. 1970 (2nd Supp.), c. 10, s. 65 (Item 32)] or possibly a right of review under section 28 of the Federal Court Act.
I would therefore dismiss the application for prohibition and certiorari. Under the circum stances there will be no costs awarded.
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