Submission to the Senate Committee On Legal and Constitutional Affairs

Transcription

1 Submission to the Senate Committee On Legal and Constitutional Affairs Bill S- 221: An Act to Amend the Criminal Code (assaults against public transit workers) Submission by Unifor June 18, 2014 Presented by: Nathan Woods, President Unifor Local 111 0

2 About Unifor Unifor was founded in September, 2013 by its predecessor unions: the Canadian Auto Workers Union (CAW- Canada) and the Communications, Energy and Paperworkers Union of Canada (CEP). Unifor represents more than 300,000 workers in nearly every sector of the Canadian economy. Unifor is Canada s largest union in the private sector. For more information, visit: Introduction Good afternoon Chair and members of the Committee. My name is Nathan Woods. I am a transit operator working for Coast Mountain Bus in British Columbia, and I m also the elected president of Unifor Local 111 representing 3700 transit workers across Vancouver s Lower Mainland. There are a number of important individuals who have made the trek here today with me and I d like to acknowledge them. Joining me, and in the audience, is Amrik Singh Dhami, a taxi driver and President of Unifor Local 1688, representing more than 1,400 taxi drivers in the Ottawa area. Debbie Montgomery, a school bus driver and President of Unifor Local 4268, representing 1700 school bus drivers across Southern Ontario. Scott Desjardins, a transit driver from Kitchener, Ontario and Chairperson of Unifor Local 4304; and Ben Williams, also a transit driver and president of Unifor Local 333 in Victoria, British Columbia. On behalf of Amrik, Debbie, Scott, Ben and the nearly 45,000 Unifor members working in the Canadian transportation sector, I would like to offer our union s full support for Bill S- 221 and its proposed amendments to the Criminal Code. As this Committee is well aware, there are approximately 2000 bus driver assaults reported each year in Canada. 1 In the B.C. Lower Mainland alone there were 251 reported incidents of driver abuse between 2012 and That s an assault reported every 3 days. More than half involved a weapon. 1 Canadian Urban Transit Association 1

3 However bleak this sounds, the true extent of the problem is actually far worse. For starters, these statistics don t account for unreported incidents. Secondly, they only count incidents occurring in the intercity bus transit industry. If we included abuses and assaults reported by school bus operators, taxi drivers and others that would only inflate the numbers higher than they already are. In fact, Canadian taxi drivers had the highest rate of occupational- related homicide in the country in ; higher than even police officers. In the face of violence and aggression on the job, transit drivers are left entirely defenceless. Attacks can leave lasting physical and mental scars. In some cases, attacks can be fatal. Our members provide a necessary and vital service to communities and to the national economy. It is simply unacceptable for them to work in increasingly dangerous environments. No worker should be subject to the level of violence that we are witnessing. Now, I ve been dealing with the issue of driver safety for years, and I m not naïve. Fully delivering on promises of a safe and respectful workplace for transit operators free of violence and abuse will require a variety of policy solutions. There is no quick fix answer. This must include innovative security and reporting policies at the workplace level. It also must include employer- led investment in things like increased transit safety supervision and driver training. Equally as important is ensuring drivers are actually engaged in safety protocols and are willing to participate. The need for stronger legal deterrents, such as tougher penalties for offenders, can complement these policy solutions. On this score, Bill S- 221 is a step in the right direction. We applaud the work Senator Runciman has done to bring this legislation forward. And we acknowledge the leadership of Members of Parliament Peter Julian, John Rafferty and Ralph Goodale for their relentless support of driver safety in recent years. 2 Statistics Canada, Homicide in Canada, 2011: x/ /article/ eng.htm 2

4 Successfully adopting this Bill would mean inserting reference to transit operators straight into the Criminal Code. This would validate transit worker advocates, after years of tireless work. This change will help drivers reclaim a lost sense of dignity and respect while on the job. It will bring some peace- of- mind to our fellow sisters and brothers in the profession, and their families, who have fallen victim to these senseless crimes. And it could offer a stronger deterrent to would- be offenders, perhaps making them think twice before perpetrating an offence. Requiring judges to consider a transit driver s occupation as an aggravating circumstance with respect to sentencing will not, by itself, end driver assault. But it is an important tool in our toolbox. Believe me when I say that it s not my intention to end my remarks on a cynical note. But I do feel a sense of déjà vu. It was more than 20 years ago that union cab drivers launched a safety campaign right here in Ottawa, after one of our members was brutally murdered while on the job. Sadly, stories of cab driver assaults are still a common occurrence across the country. And it was nearly seven years ago to this exact day (June 13 th, 2007 in fact) that representatives of our union (then known as the CAW) came to Ottawa calling for legislation that would address driver safety. And like today, we stood alongside our allies including Mr. Robin West of the Amalgamated Transit Union. I recognize there has been various approaches to how best we tackle this issue over the past seven years - some more agreeable than others. Nevertheless, in the eyes of front- line workers, there s little difference between where we were at in 2007 and where we are at now. It s been seven long years of legislative stops and starts. It s been seven long years of political negotiation and proposed language changes, with nothing tangible to show for it. 3

5 Less than five months after we came to Ottawa, a young woman in my local was savagely beaten on Halloween night. Bloodied, she watched as her bus was lit on fire. She feared for her life. I recall thinking that as a result of the horrifying incident transit drivers would have effectively made their case to politicians. I thought strong legislation would be just around the corner. Yet, since then, seven years have come and gone with no meaningful action from Ottawa. In those seven years we ve witnessed countless assaults and threats on drivers, including personal friends. We ve seen driver attacks on moving vehicles, putting the safety of passengers at risk. We ve even been stunned and silenced by stories of gruesome murder and attempted murder of drivers. If our elected officials can take steps to help prevent these incidents from happening, then they should do so. Political inaction has so far done a disservice to transit drivers in Canada. Some of our members are completely worn- out with the process. They ve all but given up hope that anything will change. They are proud workers, who do their jobs day- in and day- out. But as citizens, they are losing faith in their political system. The success of this Bill rests with our elected officials. It rests on their ability to show leadership. Its success hinges on their ability to execute. As I said earlier, Unifor is behind this legislation, full- stop. And we will do whatever we can to support its passage. I thank you for all of the hard work so far. As always, our union appreciates the opportunity to address this Committee. Now, please, let s get to work. Let s put Bill S- 221 into law. Let s get this job done, once and for all. AD\sd cope343 4