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PAGE 2 NEWS August 22, 2011 • LAw times Railway Co. is facing allegations that some of its offi cers acted improperly or even illegally in laying charges against a former employee, yet it appears no agency is willing to investigate the claims. Th e unusual circumstances that led to the creation of a po- lice force without an independ- ent oversight agency stems from historical powers granted by the federal government to CN and the Canadian Pacifi c Railway Co. to ensure the safety of the national railroads. Th e nearly 200 offi cers em- ployed by the two compan- ies have powers equal to those of municipal police services as long as their investigations re- late to its operations or property within 500 metres of a rail line. Th e government never revoked Case prompts calls for oversight of CN police T BY SHANNON KARI For Law Times he private police force employed by the Canadian National the special powers even though both are now private compan- ies. It is believed they're the only companies in Canada with statutory authority to retain pri- vate police forces. Th e claims of wrongdoing by CN offi cers relate to its criminal investigation of Scott Holmes. Th e former track supervisor was its police force and corporate head offi ce. Other testimony revealed that the CN police in- vestigation began at the direc- tion of company executives. Holmes launched a counter- suit against CN earlier this year in the Ontario Superior Court claiming the company had en- gaged in an abuse of process. Holmes, stated Michael Lacy in a letter to the chief of the CN police earlier this summer. Stephen Covey, chief of CN police, replied that there would be no investigation until the civil proceedings are over. Th e federal Railway Safety Act states that it's up to the CN chief of police There is a complete lack of accountability for the actions of CN police offi cers. CN police have a real diffi culty in recognizing a confl ict of interest. accused of approving construc- tion and maintenance contracts in southwestern Ontario to companies he controlled. CN charged Holmes crim- inally a year after it fi led a civil suit against its former em- ployee. Th e provincial Crown stayed all charges in November 2010 after the preliminary hearing. Th e court heard CN offi cers testify that the dual criminal and civil proceed- ings initiated by the company were a "joint venture" between Th e civil proceeding is ongoing, and none of the allegations have been proven in court. Separate from the civil pro- ceeding, the lawyer who repre- sented Holmes in the criminal case has asked for an independ- ent review of the actions of CN police. CN offi cers were in a con- fl ict of interest, allegedly misled justices of the peace to obtain search warrants and produc- tion orders, and used criminal law powers as leverage against whether to investigate a com- plaint. If the complainant isn't satisfi ed with the decision, the only right of appeal is to the chief executive offi cer of CN. "Th ere is a complete lack of accountability for the actions of CN police offi cers," says Lacy, a lawyer at Lacy Wilkinson LLP in Toronto. Th e unwillingness to ask an outside police service to investigate the complaint suggests that "CN police have a real diffi culty in recognizing a confl ict of interest," Lacy says. to determine of Law Times attempted to obtain a response from CN police. A spokesperson for the company indicated that CN police aren't permitted to speak independently to the media. CN declined to comment about the decision not to in- vestigate the complaint or refer it to an outside police service. Lacy asked the London Police Service, which was the nearest local police service, to launch a criminal investiga- tion into allegations that CN police misled the courts in the Holmes case. Th e deputy chief Service, referring to the on- going civil the London Police litigation as well as the powers of the CN po- lice chief under the Railway Safety Act, declined to do so, says Lacy. A spokesman for the London police tells Law Times "a response was provided to Mr. Lacy" after reviewing the documents he provided. Th e provincial agencies that investigate civilian com- plaints about police conduct in Ontario don't have jurisdic- tion over the CN authorities, so Lacy asked federal Public Safety Minister Vic Toews to consider an independent re- view of the matter. "Th e minister is currently examining documents that have been forwarded to him," says Jessica McDonald, a spokeswoman for Public Safety Canada. Th e CN charges laid against Holmes aren't the only recent example where the actions of its police force have come under scrutiny. For instance, CN po- lice criminally charged an em- ployee involved in a physical altercation last year with a col- league. 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