His attempts to bring the situation to light made for some heated discussions. He had his mental health questioned, was arrested for uttering threats, and was ultimately forced to resign in 2004. The days that followed were dark ones, and he didn’t emerge until three years after his resignation, when a friend encouraged him to testify before Parliament’s Standing Committee on Transport, Infrastructure, and Community. Danford managed to get himself on the agenda for a review of Bill C-6, An Act to Amend the Aeronautics Act — the legislation sanctioning the controversial aviation safety management systems protocol.
The minute he entered the political fray, Stevens found him, and the two have been collaborating ever since. “She’s like a sister to me,” he says. His involvement in the campaign and the relationships it has forged have helped him overcome his anger. “Who knows?” he adds, scuffing the dirt under which 900 cloves lay buried. “If this garlic comes up, maybe I can make a living.”
THE PROTOCOL
Canada’s civil aviation fleet is the world’s second-largest, with close to 3,000 operators. It currently carries upward of 99 million passengers annually — a number that is expected to grow by 40 percent as of 2015. Like airlines in other countries, Canadian carriers are under intense pressure to cut costs and keep planes flying without interruption. According to the International Civil Aviation Organization — the UN agency responsible for supervising the safe and orderly growth of international aviation — the rapid expansion of the industry is making it increasingly difficult to manage safety with traditional methods. The icao has concluded that the solution is safety management systems, and has asked its member states to require airlines to establish them by 2012.
Safety management systems originated in the chemical industry in the early 1980s, with the aim of shifting to a focus on overall processes — that is, the interaction of human, organizational, technical, and environmental factors — rather than individual events. Presumably, this would allow organizations to identify potential hazards early on and take appropriate preventive measures. The approach has since gained favour in other industries. In 2001, for example, the Chrétien government introduced safety management systems into the Canadian rail sector.
Transport Canada has been promoting sms for the civil aviation industry since at least 1999. One of the leading voices supporting the push is Merlin Preuss, who recently retired after a lengthy tenure as Canada’s director general of civil aviation. Preuss, who declined to be interviewed for this piece, has long maintained that sms will allow for more thorough identification and resolution of potential problems. He describes the traditional regulatory approach as reactive, and suggests that sms will make companies more responsive and proactive.
However, ndp MP and former transportation critic Peter Julian believes the experience of Canada’s rail system shows otherwise. “We saw derailments increase,” he says. Indeed, a 2008 report on the rail industry’s safety management policy, quietly tabled in Parliament last year, found that implementation had been inconsistent, and that Transport Canada hadn’t dedicated enough resources to the initiative. More recent data from the Canada Safety Council shows that fifteen major incidents had taken place on Canadian railways between January 7, 2007, and March 5, 2008 — more than in the previous six years combined. “The problem of sms all along,” says Julian, has been that “theoretically, it’s a more intelligent way of approaching safety because companies are involved as well,” but in reality governments have tended to use the protocol to justify cutbacks.
Transport Canada has already introduced sms to the business aviation sector, granting rule-setting responsibility to the Canadian Business Aviation Association in 2003. The decision in effect gave an industry trade association and lobby group oversight of the safety of its own members’ aircraft. In 2007, Transport Canada reviewed the changes the association had introduced and found a system plagued with problems. No structured system had been put in place, nor any procedures for cancelling or suspending an airline’s certificate. And some member companies had been operating without safety management protocols for five years.
“It’s the listeriosis of the aviation industry,” Danford says, referring to sms implementation. Last year’s tainted meat scandal, which resulted in twenty-two deaths, occurred after the Canadian Food Inspection Agency shifted responsibility for food testing to the meat-packing industry. Following the outbreak, Richard Arsenault, a manager at the cfia, said, “It’s like in aviation: we can’t look under each jet engine of an airline, but we can make sure the maintenance service works.” As it turned out, not only had inspectors failed to swab for listeria on the plant floor, they had failed to check company records properly, to ensure that packers had performed the necessary tests and that their results were above board.
Ultimate responsibility for the transition to sms lies with John Baird, Canada’s minister of transportation and infrastructure. According to a department insider, Baird has been especially wary of allowing civil servants to speak to the media about sms, a subject the insider acknowledges is a “hot potato” for the ministry. Baird declined repeated requests for an interview, but in a letter to Ottawa’s Hill Times newspaper in March, he wrote, “Safety Management Systems are about adding more accountability to the inspection system, while maintaining the responsibilities of the federal government. In fact, the government continues to conduct independent audits and has access to more information than ever before. What sms does is add another layer of accountability.” In a written response to an interview question for Baird, Transport Canada’s manager of media relations and monitoring, Patrick Charette, referred to sms as “another layer of safety.”
“That is an absolute fabrication,” responds retired Alberta judge Virgil Moshansky, an internationally respected aviation authority. Lean and distinguished, the straight-talking former justice of the Court of Queen’s Bench is also a long-time pilot. Nearly two decades ago, that combination of credentials landed him the signature appointment of his career: head of the commission of inquiry into the 1989 Air Ontario crash at Dryden, a commuter airline accident in which twenty-four people died. Though tasked primarily with investigating the causes of the crash, Moshansky saw the commission as an exceptional opportunity for an in-depth review of the entire Canadian aviation system. His groundbreaking 2,000-page report, released in 1992, was arguably the most exhaustive judicial review in Canada’s aviation history. Its findings resulted in a number of significant aviation safety improvements, including stringent new de-icing procedures. It also helped earn him the Order of Canada in 2004, for singular dedication to enhancing aviation safety.
Moshansky now fears the gains he helped win are being eroded. “Canada is the only country in the world introducing sms without maintaining regulatory oversight,” he says from his Calgary home. He alleges that implementation of the new system is motivated primarily by budget concerns. “Transport Canada management is well rewarded for cost cutting,” he says. “And they save money by cutting the number of inspectors.”
He also notes that the government’s civil aviation inspectorate is significantly smaller than it was at the time of the Dryden inquiry, and has grave doubts that Transport Canada can ensure a safe aviation environment for the travelling public as a result. The department’s solution to this shortfall, he says, has been to axe its oversight programs, notably its national audit program. Under that system, cancelled a few years ago, federal inspectors conducted detailed checks and on-site monitoring of airline operations, meaning they boarded planes, rode along on flights, and studied maintenance logbooks. Moshansky’s paper also mentions a November 2006 directive from Transport Canada to its inspectors, which instructed that no enforcement action be taken against an sms-covered enterprise except in rare circumstances. The judge tells of receiving confidential notes from the department’s inspectors expressing serious concerns about these trends. “The time is past due for a commission of inquiry to investigate the state of aviation in this country,” he says.
Last year, the Auditor General of Canada, Sheila Fraser, examined Transport Canada’s handling of air transportation safety. In her annual report to Parliament in May 2008, she commended the department for its leadership in introducing safety management systems, noting that Canada is one of the first countries in the world to do so in the aviation sector. However, she also raised a number of concerns. In reallocating resources from traditional oversight activities to sms activities, she wrote, “the Department did not document risks, such as the impact of the transition on oversight of air transportation safety, or identify actions to mitigate the risks. Nor did it forecast the overall costs of managing the change. In addition, it has not measured the impact of shifting resources from traditional oversight to the new approach.”
Fraser later told a parliamentary committee that “Transport Canada could not demonstrate to us that it is carrying out a sufficient number of inspections during the transition.” She also noted that the number of inspectors and engineers in the department has decreased by 8 percent in the past five years, that “Transport Canada has not yet identified how many inspectors and engineers it needs, with what competencies, during and after the transition,” and that there is a “risk that the Department will not be able to recruit the people it needs in a timely manner.”
