Engineer faces criminal probe in Lac-Megantic disaster: MMA

Quebec police have launched a criminal investigation into the derailment of a runaway oil train that has killed at least 15 people and left about 60 still missing in Lac-Megantic.

While in its early stages, the criminal probe could result in a variety of charges against individuals and the Montreal, Main and Atlantic Railway Inc.

What are the potential criminal charges in the Lac-Megantic explosions?

Raymond Boggs, senior partner at Toronto-based Boggs and Levin, said that criminal negligence causing death is the most likely charge, but manslaughter may be possible as well.

“That’s a big deal because apparently there might be 60 counts,” he said. “What’s big here is the number of victims and the consequence is just horrendous, but they would have to prove gross negligence.”

Boggs said that proving a willful disregard for the lives of people is not an easy thing to do in a technical situation.

In civil court, however, Boggs said it is much easier to prove and even if an individual is found responsible, MMA will be held liable for negligence in a civil court.

Edward Burkhardt, chairman of MMA Railway, told reporters Wednesday that if police do feel that criminal prosecution is necessary, “let the chips fall where they may.”

When asked whether he understood why police were considering criminal charges, he first said he was “not a lawyer” and that he “can’t draw the line between carelessness and criminal negligence.”

He later said: “I understand exactly why the police are considering criminal charges to this thing, and I think the process they’re going through is to try to investigate this thing to the level where they can decide–based on their standards–whether they think criminal prosecution is necessary.”

More: Tensions high in Lac Megantic as railway head angers residents

What sentence is associated with potential charges?

Boggs said that while accidental death convictions usually come with a sentence of around four years, the number of deaths in the Lac-Megantic case is significant.

“A guy who killed 60 people by accident in Canada isn’t going to be in jail his whole life. If it’s really terrible it can get up to seven to nine years.”

But Boggs said there are a number of other factors that may push the sentence further.

“Here is a whole lot of victims and that’s what’s going to push it up past 10 years and who knows what the aggravating factors are beyond the number of victims.”

Who may face charges?

Burkhardt said the engineer of the train that became derailed is being investigated by police and may not have set adequate hand brakes.

“It’s very questionable to me whether the hand brakes were properly employed, in fact I would say they weren’t,” Burkhardt said.

“Adequate hand brakes were not set on this train and it was the engineer’s job to set them,” he said. “I think he did something wrong. He told us he applied 11 hand brakes and our general feeling is that that’s not true. Initially we took him at his word.”

Burkhardt said the engineer has been suspended without pay and said he doesn’t think the employee will be returning to work for MMA.

“He’s not in jail, but police have talked about prosecuting him.”

Boggs said if enough evidence is gathered, the engineer may be charged with dozens of counts of criminal negligence or manslaughter, however proving his guilt in such a technical situation will be difficult.

In a civil court, however, MMA will be held responsible.

“They’re going to get sued,” Boggs said. “If there is one person charged, they’re not going to have the money to pay out so it’s going to be the company that is liable.”

Burkhardt said MMA has a very good insurance policy and the company is working closely with them through the incident.