Trains with frequent delays: the conflict between via rail and the CN bangs

A second court refused to interfere in the conflict between Via Rail and the CN, which causes serious delays in the transport of passengers between Windsor and Quebec, saying that it is up to the federal government to settle the dispute.

The dispute, which has been continued for almost seven months, is linked to the CN’s decision to impose additional restrictions on level crossings at the new fleet of passenger trains in Via Rail.

Since the long weekend of the thanksgiving, last October, the CN requires that the railway workers of via rail have slowed down and visually confirm the descent of the safety barriers and the triggering of sound signals at each level crossing.

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CN invokes security issues to justify its decision, while Via Rail affirms that nothing indicates that new venture trains pose a particular risk for passengers or for users of level passages.

After having failed in his attempt to suspend the restrictions before the Federal Court, via Rail has just wiped another refusal on the part of the Superior Court of Quebec, which rejected the request for interlocutory injunction.

In a decision rendered on April 23, judge Serge Gaudet notes that the federal government has already been seized of the file and will have to take a stand.

The Ministry of Transport of Canada, due to its expertise in rail security, is much better placed than the Superior Court to decide the debate

Rail transport is strongly disrupted by the dispute. According to figures provided by Via Rail, 81 % of trains leave the station at the expected departure time, but only 35 % of them arrive with less than 10 or 15 minutes late in the Windsor-Québec corridor, depending on the journey.

A question of axle

The arrival of a train to a level passage sends an electrical signal which triggers the safety mechanisms.

However, the signal force – which is linked to the number of wheels and axles on locomotives and wagons – depends on the length and weight of the train.

The CN decision last October is linked to the number of axles on the venture trains, which have been used by Via Rail since 2022. In the current configuration of a locomotive and five cars, there are only 24 axles, 8 less than the 32 requested by the CN to ensure the triggering of safety mechanisms on level passages.

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In a written statement, the CN says that the current discussions with Transport Canada offer a more appropriate forum To adjust the dispute.

According to the CN, which is one of the main owners of rails on the Windsor-Québec network, Via Rail could reconfigure its trains to add more axles or include an additional employee on its locomotives.

We will never compromise security. We have no interest in slowing via arbitrarily on the infrastructure of the CN. This goes against our own interestssays spokesperson Ashley Michnowski.

In the eyes of Via Rail, data obtained within the framework of legal proceedings before the Superior Court suggest that security problems are rather caused by the state of CN infrastructure.

Firmly convinced of the safety and compliance of all our railway operations, our legal teams are currently examining the court’s decision carefully and assess the next steps, while we continue to defend the interests of our passengers as well as the commercial and safety requirements for travelers in Canadasays Karl Helou, from Via Rail.

The various technical options that would raise the restrictions could be expensive, feared via rail.

In the absence of conclusive data justifying these restrictions, it would be irresponsible to implement expensive measures at the expense of Canadian taxpayers

A decision that puts pressure on the federal

Ottawa launched an administrative process in December 2024 under the rail security law to determine whether the restrictions are necessary to ensure rail safety.

The Bloc Québécois claims that Ottawa has dragged his feet for too long in this case.

We cannot let a state -owned company appear and say to passengers: “Delays will continue”says deputy Xavier Barsalou-Duval. We already see it, sales have dropped to Via Rail, there are fewer people who will take the train and why? Because they can no longer of these delays. In the end, it rightly harms a public service that everyone expects.

The block hopes that the file will be set by the start of the parliamentary school, at the end of the month.

Transport management expert at HEC In Montreal, Jacques Roy applies that the technical issues at the heart of the dispute must be settled by experts.

Clearly, it is more of the responsibility of Transport Canada and the Transport Office than a judgehe said. Rather, it should address the right instance that takes care of security in the country.

The federal government was content to say that it is aware of the dispute.

Transport Canada is committed to applying the regulations governing the safety of railway activities and monitoring railway companies to ensure that they comply with the safety rules and regulationssays a Transport Canada spokesperson Hicham Ayoun.