Town of Wabana says it's taking the N.L. government to court over ferry disruptions
Spotty schedules under COVID-19 restrictions — and earlier — a charter infringement, says deputy mayor
The Town of Wabana says it's going to sue the provincial government over what it says is a violation of the Canadian Charter of Rights and Freedoms.
The town on Bell Island, off Newfoundland's Avalon Peninsula, says some residents who rely on ferry services have been missing work — or losing their jobs entirely — over fluctuating ferry schedules and the capacity and public health restrictions in place amid the COVID-19 pandemic.
"The town council decided to take the action because we've been getting nowhere," Deputy Mayor Henry Crane told CBC News on Thursday.
"This is also pre-COVID. We haven't been able to get anything done to our satisfaction with regards to scheduling, or tapes updated, communications. The whole thing is just not working for us at all."
Crane, who presented the resolution to council, said residents on Bell Island are finding it difficult to get to work, and those who are searching for jobs off the island aren't being considered because of where they live. He said ferries are often tied to the docks for various reasons, causing headaches for those who need the service on both sides of the run.
But the pandemic is also adding further difficulties for passengers, he said. Ferries are capped at 65 per cent capacity, but Crane said the vessels are only taking 50 people.
"Now, 65 per cent of your capacity on a 200-person [vessel] is 130 people. It's not 50 people. How do you justify that?" he said.
"People are in their cars on the [MV] Flanders, and you're allowed to stay in your cars. Why are there only 50 people allowed on the Flanders when everyone is in their own bubble and everybody is in their own car? That's just crazy."
CBC News asked the Department of Transportation about the pending legal claim and the ferry capacity.
"We have not been served with a statement of claim. It would be premature at this stage to speculate about the content of the claim or our defence and inappropriate for us to comment on a matter that is anticipated to be before the court," reads the statement.
Safety concerns
Capacity, scheduling and operational issues aside, Crane said there are also safety concerns for travellers aboard the MV Legionnaire.
According to Crane, passengers are not allowed to stay in their vehicles on the MV Legionnaire as it's classified as a closed-deck vessel, which means everyone on board has to be in the lounge area during a crossing.
He said that conflicts with public health guidelines provided by Dr. Janice Fitzgerald, Newfoundland and Labrador's chief medical officer of health.
"Dr. Fitzgerald is saying, 'Stay in your own bubble. Five people." But you're up there with 50 people. There's just something inherently wrong with that," Crane said.
"You're required to keep on masks, but you're touching handrails, you're going up the stairs, down the stairs. People are going over for dialysis, people are going over for chemotherapy, the elderly, some are sick — or a bit frail, anyway — people with disabilities, you're all being herded up to the top like cattle."
Crane said a dependable ferry service is vital for its users while the town tries to spur economic growth via new businesses and wants to keep its nurses, teachers and other critical service employees intact.
The town has sent its affidavit to its lawyers, who Crane said will be filing the suit in Newfoundland and Labrador Supreme Court.
"We're just to the point where everybody says, 'Listen, what's the council going to do?' Well, the council only has one legal option open to it, and we thought, 'Let's go to Supreme Court and get some answers,' because it's not fair," Crane said.