Union seeks to protect rail workers charged in Lac-Megantic disaster from becoming ‘scapegoats’

The criminal case against those implicated in last year's Lac-Megantic disaster is in its early stages, but the union representing two railway workers charged in the case is not letting them twist in the wind.

The Quebec arm of the United Steelworkers has set up a legal defence fund to help pay what are likely to be huge costs facing Tom Harding, the engineer on that fatal train, and Richard Labrie, the traffic controller on the Montreal, Maine & Atlantic (MMA) rail line.

They, along with MMA director of operations Jean Demaitre and the railway itself, were formally charged two weeks ago with 47 counts of criminal negligence causing death in the derailment, explosions and massive fire that destroyed the centre of Lac-Megantic, Que., the night of last July 6.

The union normally pays for legal representation for members in labour-related proceedings but not criminal cases, Guy Farrell, assistant to Steelworkers Quebec director Daniel Roy, told Yahoo Canada News on Tuesday.

“This is why we put together a fund, because we feel they’re entitled to their day in court and to be well defended and represented," he said in a phone interview.

The union is asking its 60,000 Quebec members to contribute $10 each via the defence fund web site or by cheque to its Montreal office. Members of the public are also being asked to donate.

“We have no idea how much this criminal defence is going to cost," said Farrell.

The fund-raising drive received little or no push-back, Farrell said, despite the magnitude of the disaster.

"We have members in Megantic. They live in that community," he said. "They don’t work for the railway system but they were victims in that awful, awful tragedy.

“Our people feel that they’re looking for scapegoats right now. They’re trying to point the gun at Harding and Labrie for things that they are not responsible for. We feel as a union that they’re entitled to have a trial, an honest trial, to be well represented.”

The defence fund does not cover Demaitre, who was a manager at MMA. It's not clear who is covering his legal costs since the railway filed for bankruptcy in Canada and the U.S. just one month after the disaster.

[ Related: Driver in Lac-Megantic railway crash to seek release from jail ]

Calls by Yahoo Canada News to chairman Edward Burkhardt, who is also chairman of Illinois-based Rail World Inc., and MMA president Bob Grindrod were not returned.

Neither Burkhardt nor any other senior executive of the defunct railway has been charged. Prosecutor René Verret told the Montreal Gazette the decision on charges was based on a legal opinion and the reasons behind who was charged would remain confidential.

Steelworkers' Quebec director Daniel Roy said in a news release the union set up the defence fund to ensure the two accused "have access to a full and complete defence.

"This type of trial can be very expensive and destroy lives," he said. "We are appealing to people's generosity to help ensure that these workers are not made scapegoats while those who are truly responsible for this tragedy come out of it without a scratch."

The union is also upset at the way the accused were treated. Harding was arrested with the aid of a SWAT team, as if there might be a shootout. The stated reason, said Farrell, was that police believed he had guns in the home and may have made a suicide pact with his son, even though the son remained at the home after Harding was led away.

The handcuffed accused then were made to do an American-style perp walk into Lac-Megantic's makeshift courtroom located in the local rec centre gymnasium.

"It was a circus," Farrell told Yahoo Canada News.

All three accused have been released on bail. Farrell, who has spoken with Harding, said the engineer remains "devastated."

The union is also angry that no MMA higher-ups were charged and that the railway operated under a climate of deregulation by the federal government that the Steelworkers say is responsible for a decline in safety standards nationwide.

“Our main concern is we want to go over and beyond Megantic right now," said Farrell. "We have to regulate this system again.”

[ Related: Lac-Mégantic memorial centre proposed for disaster site ]

Harding was the sole crew member of the train carrying a load of volatile U.S. Bakken light crude oil that rolled away from its overnight parking spot at Nantes, Que. It sped downhill into Lac-Megantic and derailed in the centre of town at 1:15 a.m., about 17 minutes later, according to a Transportation Safety Board timeline.

A number of tank cars ruptured and exploded, incinerating nearby buildings. Most of the dead were in a local pub just metres from the crash site.

Fingers were pointed at Harding, claiming he had not reset the train's hand-cranked brakes properly after a mysterious fire in one of the locomotives just before midnight. It's alleged that allowed the train to move when its air brakes lost pressure.

The three accused face maximum life terms in prison if convicted, Verret told reporters after their first court appearance. MMA would be fined, even though it fled into bankruptcy protection, because it still has "legal existence" in Canada.

The company said last year it filed for bankruptcy protection because the potential damage claims would exceed the value of its assets.

Just how much of the larger issue of rail safety will come out in the criminal case remains to be seen. But Farrell said Harding was working under MMA operating rules authorized by Ottawa, including permission to run its trains with just one crew member and to reduce the number of safety inspections.