Skip to content
Join our Newsletter

Zero tolerance for rail trespassers

CN Rail to enforce laws in Whistler, citing safety concerns

Using the train tracks as a shortcut or to access certain areas around Whistler could net you a fine from the CN Rail Police, according to constable Andy Thom.

"It seems the only way to convince people they can’t be there is enforcement under the trespass act," said Thom.

"(Enforcement) could happen at any time," he added. "People have to understand that we are certainly going to have zero tolerance to trespassing on the railway.

"I personally come through there on a regular basis, on the tracks and in areas where people are known to trespass, so I could come along at any time."

CN Rail, which acquired B.C. Rail in 2003, started this spring to fine trespassers in Pemberton $115 each, raising the ire of the Pemberton Valley Trails Association. The PVTA was negotiating with B.C. Rail to create a pedestrian access route on the train bridge over the Lillooet River, but those talks ended when CN took over. That area, which is home to a disc golf course and local hiking and biking trails, is where most Pemberton locals have been ticketed for trespassing.

Thom also said that people in Whistler have been fined in the past year, but did not have specific details.

According to Thom, the position of CN regarding trespassing is consistent with the position that was taken by B.C. Rail in the past. Thom says that people have been warned in the past about trespassing, but was concerned that people were not heeding the warnings.

"We’re actually glad there’s some interest in the issue (because of Pemberton). People may not always be happy, but my experience unfortunately is that when it comes to trying to educate people, until very recently… nobody seemed to be interested in reminding people they can’t be on the tracks," said Thom.

""We appreciate the interest, but hope that people understand that this is nothing new. It may be at the forefront right now because of the enforcement, but if we can educate people that’s great. Over the years people have not gotten the message from me and others telling them they can’t be (on the tracks)."

Although technically the tracks in B.C. still belong to public, CN Rail has a 999 year agreement to operate the railway under the terms of its deal with B.C. Rail. As the leaseholder, however, the tracks are considered private property under the federal Railway Safety Act and provincial Trespass Amendment Act.

Thom does not buy the argument that the tracks are ever the only option for accessing certain areas, but acknowledges that sometimes they appear to be the shortest and easiest route. That said, CN’s position is that trespassers and trains do not mix. "Ultimately what CN or any railway is trying to do is to prevent people getting killed," he said.

"People have a lot of fallacies about trains and one off them is that you’re always going to hear a train coming…. People need to understand that other railway equipment uses the tracks, high rail trucks, work trains, other wheeled equipment – and you’re not always going to hear it.

"And contrary to what people think you’re not always going to hear a train either. One reason is that you’re not paying attention. Another classic example is the person wearing headphones… listening to music, or it could be windy – there’s a lot of different reasons you’re not always going to hit a train."

According to Thom trains can’t stop quickly, even when they are traveling at relatively slow speeds. Emergency stops can also lead to derailments.

In many cases trains cannot avoid hitting people, with a high risk of fatality. Approximately two-thirds of rail accidents result in death.

That can also be emotionally damaging to the train operators, said Thom.

As of May there were 30 accidents in Canada involving trespassers, four of them from British Columbia. From 1994 to 2003, there were 123 incidents involving trespassers in B.C., 67 of which resulted in a fatality.

Even though he works for the railway and has permission to be on the tracks, Thom says even he is surprised by rail traffic and trains at times, which is why he always follows safety procedures and avoids being on the tracks.

"Even as an employee I have to pay attention," he said.

Thom says he believes that CN can work with communities to provide alternatives to the tracks, but that the company’s first priority is to enforce the laws and educate people about rail safety.

CN’s zero tolerance policy applies to all sections of the railway through Whistler where there isn’t a clearly defined crossing.

Grant Lamont, the president of the Whistler Off Road Cycling Association, says CN Rail has a point.

"People should be aware of trains. I’ve seen guys hit by trains in Colorado and it’s serious business," he said. "It’s ridiculous that trail builders will use the tracks or cross the tracks, creating these crossings with no line of sight."

Lamont also organizes the Cheakamus Challenge mountain bike race, and has agreements in place with CN Rail for racers to cross the tracks. That agreement is what makes it safe, said Lamont.

"That said I think that CN is probably overreacting a little (by ticketing trespassers), but overreacting doesn’t lead to accidents. I can see where they’re coming from on this," he said.

A group of Pemberton residents and the PVTA is currently putting together a proposal with CN Rail to create a 6 km trail to Mt. Currie beside the rail line. The proposal would also deal with the Lillooet River crossing issue. In the meantime trail users have been warned not to use the tracks, or risk being fined.