Ex-SonicBlue Manager Sues Transport Canada - TC Individuals

[CID]

AvCanada is a funny place sometimes. People often post statements about Transport Canada’s inability to suspend unsafe operators even though everyone in the industry knows they are unsafe. Prescribed procedures and legal due process are often dismissed as obstacles in achieving the this goal.

So here we have an example of TC stepping in and doing it in an arguably questionable fashion that may not follow accepted processes and with legal implications. Everyone seems to agree that even though ultimately an unrelated engine failure was to blame for the fatal accident, we are all much better off without the company in question. The astounding thing is that many opinions have spun around and now people are questioning TC’s motives and processes.

I’ll state the obvious. It’s quite clear to me that many posters on this forum don’t have a pro-safety agenda. They have an anti-TC agenda.

[Guido]

I’ll state the obvious. It’s quite clear to me that many posters on this forum don’t have a pro-safety agenda. They have an anti-TC agenda.

The two aren't mutually exclusive, CID. I have a beef with TC, but I am still pro-safety as well. And I wouldn't doubt that many here are in the same boat. Sorry to burst your bubble

[CID]

OK Guido, criticism accepted. So did TC do the right thing targetting the operator in question or should they still be in business?

[Hedley]

an anti-TC agenda

Gosh. Ever wonder why so many share that?

Ever wonder if TC earned it?

[Cat Driver]

As one of the most dedicated members of the aviation community to safety and the rule of law, with the background and record to support my position I must answer CID's post and point out where he is lax in his statements.

AvCanada is a funny place sometimes. People often post statements about Transport Canada’s inability to suspend unsafe operators even though everyone in the industry knows they are unsafe. Prescribed procedures and legal due process are often dismissed as obstacles in achieving the this goal.

In a free democratic country ruled by an elected government ignoring " Prescribed procedures and legal due process " is breaking the very laws that TC is mandated to uphold and police.

So here we have an example of TC stepping in and doing it in an arguably questionable fashion that may not follow accepted processes and with legal implications. Everyone seems to agree that even though ultimately an unrelated engine failure was to blame for the fatal accident, we are all much better off without the company in question. The astounding thing is that many opinions have spun around and now people are questioning TC’s motives and processes.

Some of us are not questioning how TC has handled this we are once again stating that this lack of respect for rule of law is systemic in the Pacific Region under the present management, we are hoping that this gets enough press coverage to finally force the government to clean house at the top and fire theose who are making a mockery of a federal regulatory body.....they can start with the RDCA Pacific Region.

I’ll state the obvious. It’s quite clear to me that many posters on this forum don’t have a pro-safety agenda. They have an anti-TC agenda.

I once again as a senior member of the aviation community wish to reinforce that I personally am not " anti-TC " I am " anti corrupt " TC officials who like crooked cops must be fired from the force at the very least.

[Guido]

OK Guido, criticism accepted. So did TC do the right thing targetting the operator in question or should they still be in business?

To be honest, I don't know the entire background, so I can only offer from what I've read here...

The operator itself appears that it needed to be shut down... that's a given here. The method used is where the problem seems to lie - revoking the OC instead of apparently smearing a guy (don't know if he was a scumbag or not) may have been the proper method of getting it done.

[Widow]

If I'm not mistaken, due to previous complaints, TCCA was already investigating International Express Air Charter (SonicBlue's parent) ... at the time, was there not a good deal of criticism that TCCA had not ALREADY shut them down?

Transport Canada official Rod Nelson says the government has taken six actions against International Express Aircharter, the parent company of Sonicblue since 1999.

The airline has been cited for maintenance issues, and infractions including flying aircraft without an airspeed indicator and operating an illegal commercial air operation.

Nelson says the airline was under scrutiny.

"We were monitoring them closely. We don't monitor every airline very closely, but we were monitoring this air carrier very closely."

http://www.cbc.ca/canada/british-columb ... 60124.html

[carholme]

Widow;

Really makes you wonder when the spkesman identifies that they were running an "illegal commercial operation". How much further do you go after making a statement like that before you do shut them down???


carholme

[Cat Driver]

I wonder if someone in TC was getting a pro quid pro?

[safetywatch]

I think we all want safety as the first priority. One key requirement is an effective regulator, particularly when the industry has been financially deregulated - and I like low cost fares.

Its not being anti TC - it is simply stating the obvious - for whatever reason - the whole management structure of TC seems to have broken down, and in cases like this you need to replace the senior management. I suspect, though I don't know for certain, that TC has some first rate people who would dearly love to do their job, but the TC management and culture doesn't allow it. Its very much like the current crisis in the RCMP. Is every RCMP officer bad - of course not - most are probably thoroughly decent people trying to do their best, but the system is broken.

Some independent person, just like with the RCMP, has to be brought in to investigate TC - remember with the RCMP - senior RCMP officers were the whistle blowers. I just wish some of the more respected members of TC would have the decency to come forward and admit what we all know - TC is badly broken and the senior management and culture needs replacing. Lets not forget, TC didn't get this way overnight and it won't be a quick fix to get it back to a credible and effective organisation. But it is in both pilots and passengers interest that TC once again becomes a highly respected organisation. Right now a large number of ordinary people reacting to all the recent events have lost all faith in them.

[Cat Driver]

I just wish some of the more respected members of TC would have the decency to come forward and admit what we all know -

safetywatch, they are afraid of losing all they have put into their careers.

I know some who are very decent people who only need to be put under oath in court and they would gladly testify to how rotten the system is.

All that is needed is a law firm with lawyers who can ask the right questions....then it will all come out.

[safetywatch]

I see three realistic opportunities for that to happen:
1. The inquest into the death of Ed Huggett which we are confident the chief coroner will approve
2. The October 2008 lawsuit brought by passengers of Sonicblue
3. The Nikolas Chapman lawsuit

the Transportation Appeal Board should have done some of that, but the Appeal Board terms of reference do not allow the lawyers to ask the right questions. I remain optimistic that one or more of these events will finally put the TC inspectors in court and under oath.

[Cat Driver]

The Transportation Appeal Board should have done some of that, but the Appeal Board terms of reference do not allow the lawyers to ask the right questions.

Well if there are any lawyers who would like a whole pile of credible evidence of just how ingrained the culture of dishonesty and disregard for law is at the top of TCCA's management structure I have enough to make them wring their hands in joy.

The documents are from TC's inner investigations into wrongdoing by top management....including the present Regional Director Civil Aviation, Pacific Region.

....but I would far rather give it to the news media if I thought they would use it...but this is Canada and the fix is in real deep so I do not have any great expectations of that happening.

[Widow]

If I'm not mistaken, there is also an accountability audit of TC by the Auditor General which is in the works. Perhaps something will come of that ....

[marktheone]

I would have to say that Nikolas does have a shot with this one. The manner in which he was removed and for what was wrong. The rest, company culture and all the other BS aside fact remains that they pulled the trigger at the wrong time.

I live in constant fear of TC. I sleep under my bed and put a knife in the door to shower. I see shadows where there are none. Joking.

What we all tend to forget is that TC is easily reprimandable. I have not lost a 'disagreement" that I did not deserve to lose. That being said I have no experience with Dave himself. I can say that everyone under him has generally helped me out. Certainly have had disagreements with them but it's always been resolvable.

[snaproll20]

TC does not care how they crucify anyone.
The mere act of crufixion is regarded by them as evidence of dutiful conduct by them.
Even when they are proven wrong.

Should they have had a beef with Chapman, they should have aired it, preferably with a suspension notice. Their lack of duty, if such was the case, is only eclipsed by the ass-covering act of crufixion when someone finally died.

[Widow]

Has this not gone to court yet???

[safetywatch]

Nothing heard since - presumably TC filed a statement of defence. Interestingly Mr. Chapman is listed as an aviation instructor on a website offering on-line pilot instruction: http://www.dauntless-soft.com/Products/ ... ada/pp.asp

"1000+ total Questions, representative of actual Transport Canada questions with full, detailed explanations of the answers written by an experienced team of flight instructors led by ATP Class 1 Instructor, Nikolas Chapman. By doing the questions, you learn the material in an ACTIVE way."

[safetywatch]

Author - Nikolas Chapman
Nikolas Chapman is a Transport Canada certified, Class 1 flight instructor and Airline Transport licensed pilot. Nikolas has been employed as a Chief Flying Instructor and Chief Pilot for a flight training unit and a commercial airline. Currently, he resides in Victoria BC, where he works as a freelance commercial writer, specializing mainly in aviation related pursuits. Nikolas has authored many aviation training publications and policy manuals. Outside of flying, Nikolas can be found windsurfing in the chilly waters off the coast of Vancouver Island.