Fly At Your Own Risk

Why is Transport Canada moving toward self-regulation for the country’s airlines?
Photograph by Eamon MacMahonPhotograph by Eamon MacMahon

THE WIDOW

In a small ballroom at the Best Western Hotel near Vancouver’s airport, Kirsten Stevens, a tattooed single mother of three, rises to take the podium, her hands trembling. Dressed casually in black cords and an emerald green shirt, the forty-two-year-old resident of Campbell River, BC, known as the Widow to many in attendance, stands out from the suit-clad presenters who preceded her. Petite — just five feet three and 115 pounds — with a barely tamed bob of cinnamon-coloured hair and brown eyes, she surveys the audience from behind stylish cat’s-eye glasses.

“This is going to be my first time telling this story,” she says, clearing her throat and glancing at the sheets clutched in her hands. “Four years ago, I could not have conceived of speaking at an aviation leadership forum. Four years ago, I was a housewife with two children and a newborn baby. In just under two weeks, it will be the fourth anniversary of the day I became a widow — the day the picket fence blew down.”

On February 28, 2005, Stevens’ husband, Dave, a professional logger, and four others were en route from Campbell River to a camp near Knight Inlet on BC’s rugged west coast when their De Havilland dhc-2 Beaver float plane plunged into the water just six minutes after takeoff. Two days later, Dave’s body, buoyed by the survival jacket Kirsten had bought him years before, washed up on Quadra Island, five kilometres from where the plane had taken off. His was the only body ever recovered. The autopsy showed that he had escaped the aircraft largely unharmed, only to succumb to severe hypothermia and drown while awaiting a rescue that never came. A resident of Quadra Island heard cries for help but couldn’t see their source. It had taken four hours for the office of the air carrier (which has since shut down) to alert search and rescue teams, even though staff knew the plane was missing within twenty minutes of takeoff.

Dave’s death opened a chasm of what-ifs for Stevens. “What if the aircraft was perfectly maintained?” she asks her audience. “What if aircraft were always tracked? What if there had been no delay in notifying authorities of the missing aircraft? Could the accident have been prevented? Could all five men have been rescued? Could they have rescued the only man wearing a life jacket — my husband? Could we have celebrated a successful emergency water landing like the one on the Hudson River, instead of mourning the losses of five families? Ten children left without their fathers?”

After a three-day search failed to turn up any trace of the downed plane or the victims, government authorities handed the matter over to the rcmp, which classified it as a missing persons case. A month later, all official searches were completely shut down. Stevens expected that a government agency would investigate the deaths of her husband and the four others as workplace fatalities, but none did. Pooling their meagre resources, the families recovered the wreckage and, later, the plane’s engine. Stevens also appealed in vain to a wide and varied list of authorities: the federal minister of transport, infrastructure, and communities; BC’s minister of transportation and infrastructure; Canada’s Transportation Safety Board; the federal minister of labour; the provincial ministry of labour and citizens’ services; the provincial ombudsman of justice; her provincial mla; her federal MP; several BC senators; the standing committee on transport and communications; and BC’s Workers’ Compensation Board. Eventually, the families hired a private investigative firm, which found that the plane’s floats were “leakers” long overdue for reskinning, that there were non-conforming parts on the aircraft, and that the plane was due for a major overhaul. The firm also speculated that the airline had not carried out mandatory 100-hour inspections of the plane’s engine.

The only official report Stevens received came from BC’s chief coroner’s office — more than four years after the crash. The account, she says, was riddled with inaccuracies and omissions and failed to provide her or the other victims’ families with any sense of closure. The Transportation Safety Board of Canada — the independent agency mandated to investigate crashes for cause and contributing factors — did not follow up, claiming there was nothing new to be learned. (Nor, says Stevens, is there any reference to the accident on the tsb’s website, which lists only two passenger deaths by air taxi in 2005, the year of her husband’s crash.) In a discussion with the coroner, Stevens learned that Bill Yearwood, the board’s Pacific Region manager for aviation, had submitted a preliminary report on the accident, which she obtained by submitting an access to information request. In Yearwood’s account, the tsb’s inspection showed no evidence of problems with the aircraft’s engine, performance, or maintenance. Instead, it indicated that poor weather and the pilot’s qualifications and experience may have been factors — an outcome Stevens refers to as “blaming the dead guy.”

When she realized her husband’s death might have been prevented, Stevens began reading everything she could about the aviation industry: Canadian aeronautics regulations, the Aeronautics Act, crash investigation reports, civil aviation studies and recommendations, and books with titles like Managing the Risks of Organizational Accidents; Black Box: Why Air Safety Is No Accident; and Flying Blind, Flying Safe. She also joined AvCanada, Canada’s busiest aviation employment website and discussion forum, where she discovered that many aviation professionals shared her concerns about the lack of oversight of Canada’s commercial air carriers.

Then she got vocal. Fuelled by coffee and menthol cigarettes, she worked six hours a day out of a dimly lit den at the back of her three-storey house, not far from where her husband died. She wrote letters to unions and government officials, and launched QuestForJustice.ca and a blog called dhc2 Widow’s Space, both dedicated to aviation safety. She initiated a petition to Stephen Harper’s office, asking for a public inquiry into her husband’s accident and the air taxi industry in Canada. Slowly, others in the air safety community started paying attention.

Her mission has since broadened to encompass the overall decline in Canada’s aviation safety standards, and especially recent federal legislation involving a cost-cutting approach called safety management systems. sms is a form of industry self-regulation in which airlines develop and maintain their own safety protocols. Under sms, the responsibility for hands-on monitoring largely shifts from the government to the airlines themselves. The legislation has been making its way through Parliament in various forms since 2001. Its latest incarnation, Bill C-7, An Act to Amend the Aeronautics Act, died last September when Parliament was dissolved in advance of the federal election, but Transport Canada is moving ahead with sms nonetheless. The department intends to have the protocol fully implemented across all regulated civil aviation organizations by November 2011. In concert with other critics, Stevens charges that the government is using self-regulation to justify extensive cutbacks to traditional oversight programs. She has mounted a spirited campaign to stop Transport Canada, garnering support from pilots, victims’ families, whistle-blowers, and organizations across the country.

When Stevens finishes speaking, the audience gives her the only standing ovation of the day. As she makes her way back to her table, the first person to offer a congratulatory hug is Yearwood. During the coffee break that follows, delegates surround her. Among them are two old-time pilots. “We learned something from you,” says Horst, a robust, greying man with a thick German accent. “We always have our life jackets in the back. We’re going to wear them.” Wilf, a former air force pilot with a wiry build, raises a finger in the air. “Accountability,” he says with conviction, “that’s what’s needed.”

THE PILOT

SMS has already been implemented in many corners of Canadian aviation, including at major airlines like Air Canada and WestJet. Next on the horizon are the country’s smaller operators, which have fewer resources and face greater risks than the big carriers. Transport Canada’s supervision of this sector has traditionally been lax, raising serious concerns about the 600 operators flying more than 2,000 small aircraft nationwide. This fleet encompasses air taxis (single- or multi-engine planes that can carry up to nine passengers) and commuter craft (multi-engine or turbo-powered planes, plus helicopters, carrying between ten and nine-teen passengers).

Collectively, such operators transport upwards of 100,000 passengers a year in Canada, serving as feeders for the major airlines, and providers of specialty services such as transporting tourists to fishing lodges and the injured to hospitals. They also conduct aerial work, carry workers to various service jobs in industry (logging, hydro, and district court services) and ferry food and freight to remote northern communities. The sector accounts for more than half the country’s commercial aviation — and a disproportionate number of its accidents and fatalities.

Bush flying, the forerunner of modern air taxi and commuter operations, originated in the Canadian North, where poor weather, harsh terrain, scant roads, and the isolation of communities made air transport essential. In his 2004 book, Bush Pilots: Canada’s Wilderness Daredevils, Peter Boer notes that early bush pilots “endured the aggravation of malfunctioning equipment, primitive living quarters and the constant threat of death for relatively low wages… They took satisfaction in surviving in the face of almost overwhelming odds. Landing a plane in the middle of a snowstorm, changing an engine in the middle of the dreaded Barren Lands of the Northwest Territories or hiking endless hours through the bush in search of aid were commonplace events.”

Today the bulk of Canadian aviation still happens in the North. The pilots who fly in the bush tend to be young and inexperienced, and they work in a highly competitive market subject to a kind of “go fever” that encourages them to take risks and push limits. And the conditions in which they fly remain as perilous as ever: bad weather and difficult terrain, not to mention poorly maintained planes. They also typically fly alone. Most rookie pilots cut their teeth with small operations — and since those who can’t make it here often don’t make it at all, the pressure to conform is high.
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14 comment(s)

David HuttonOctober 04, 2009 23:12 EST

This is an extensively-researched, meticulously accurate and beautifully written account of what's been going on within Canadian aviation over the past decade or so. Thank you Carol Shaben!

It is also a timely antidote to the facile and deceptive denials that emerge regularly from Transport Canada and its minister of the day. Aviation safety in Canada is in trouble: there's no question about it. Transport Canada is directly responsible: they have nowhere to hide. The public is beginning to realize what has been going on: expect more mainstream media coverage of this latest failure of government.

Let's hope that public pressure will force the politicians and bureaucrats to take swift corrective measures — before there is a major disaster.

David Hutton

AnonymousOctober 05, 2009 11:01 EST

Excellent article which brings much needed attention to a major problem

AnonymousOctober 05, 2009 13:10 EST

I would not cite AvCanada as a very reputable source for important aviation topics. A quick review of the website and you will find it’s a gossip site, filled with childish comments, arguments and demonstrations of one-upmanship. After spending an hour or two reviewing the content & quality of posts published on this so called professional pilots forum I find the comment “discovered that many aviation professionals shared her concerns” highly questionable. The AvCanada website and the over-all tone of the forum is questionable given it is controlled by the website moderators, most notably “The Widow” as is the Safeskies website. There is no balance, only constructed and controlled messages.

AnonymousOctober 06, 2009 12:36 EST

6000 words, and you pick out one sentence that refers to AvCanada? Has "the widow" been a moderator and "controlled" the site since she began visiting?

I looked up that paper Justice Moshansky wrote for the Royal Aeronautical Society mentioned in the article. That's a "wow", and not in a good way.

I found this article to be really informative. The author seems to have touched on all the "key" points.

This really caught my attention: "Transport Canada and the Transportation Safety Board have developed a culture of secrecy, where whistle-blowers are persecuted" and caused me to look up Canadian whistleblower protections, as I thought that was something which had been umbrella'ed under the Accountability Act - wasn't it Baird himself who introduced this? It seems that our "world-class" Act isn't worth the paper it is written on.

Well done, Ms. Shaben. I will be writing to my MP.

AnonymousOctober 08, 2009 16:05 EST

Absolutely true! Where I am we try to be as safe as we can, but there is no oversight and the Regulator has no idea whether we are actually in compliance or not! More shady operators are going to slip through with 'self-regulation' by SMS and it seem it will only change once the body count gets to a certain level...

Freda HancockOctober 08, 2009 17:48 EST

Well done article Carol, thank you so much for this. Because of this story more and more people will be aware of our unsafe skies, and the pain it has brought to so many people.

AnonymousOctober 08, 2009 23:36 EST

As a member of the Buckle family and aunt of the co-piolet killed in Davis Inlet I thankyou for your work. I am sorry for your personal hardship,God Bless you for your courage. I am grateful that your work has stopped the pilot in this case from flying another plane and he is no longer able to hurt another family as his actions that day have affected ours. Freda and the family will never fully recover from this accident,it took away a very loving husband, son,grandson,nephew and cousin who was loved very much and missed throughly by all his extended family. I was thrilled to see the report expose so much cover up and hope the powers in charge see the errors of their ways, it is our lives they are gambling with, and we are not willing to put up the antie.

AnonymousOctober 10, 2009 15:12 EST

An excellent article - superior to anything I've encountered in the mainstream media. As a former air accident investigator and a TC-approved check pilot I share many of the concerns about SMS and the department distancing itself from everyday issues. I'm embarrassed to admit that I've never heard of Walrus but I've bookmarked the site and might even spring for a subscription.

AnonymousOctober 15, 2009 21:28 EST

I wasn't looking forward to reading an aviation article, but Ms Shaben could make paperclips interesting. More importantly this beautifully written feature conveys an important message to our federal government: safety is paramount. If the gov't thinks they're saving money by offloading or downsizing, a law suit or two will take care of that. This is not a responsibility our government can shirk.

AnonymousOctober 22, 2009 22:49 EST

My cousin died with three others in a small airplane crash in Saskatchewan. Nothing in the news as I recall. This stuff happens and little is communicated so there is little public support. We Canadians ought not to be so soft spoken.

AndrewOctober 25, 2009 16:09 EST

I flew out of here in 1970 when I was a young man on a float plane operated by Alert Bay Air Services. The pilot and the aircraft were the safest then. My trip was just a jaunt on a Saturday with friends but I always felt safe during several take-offs and landings. In those days there was no road north of Campbell River. So the only way to get around was by air. I guess with the arrival of the road network the increased competion for freight and people movements has compromised safety.

AnonymousOctober 27, 2009 20:12 EST

This really caught my attention: "Transport Canada and the Transportation Safety Board have developed a culture of secrecy, where whistle-blowers are persecuted" and caused me to look up Canadian whistleblower protections, as I thought that was something which had been umbrella'ed under the Accountability Act - wasn't it Baird himself who introduced this? It seems that our "world-class" Act isn't worth the paper it is written on.

John G.November 03, 2009 16:37 EST

If Harper gets a majority, just watch what happens to government regulation and oversight – and not just of airline safety. Downsizing safety is part and parcel of the Republican Party ideology that the Conservative Party has swallowed hook, line, and sinker. Voter beware!

JimDecember 05, 2011 11:24 EST

It is stated, by many in the aviation industry, that the biggest risk to aviation safety in Canada; is Transport Canada.

More evidence of the truth of this statement.

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