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Area Resident Refuses To Pay for CN Crossing on His Property

By 250 News

Sunday, November 27, 2005 08:05 AM


Jerry Noakes lives  east of Prince George at Aleza Lake.  He uses a CN rail crossing to access the driveway to his home.

Noakes says for the past couple of years he has been paying an annual fee of  $200.00 to CN for the maintenance of that crossing, but says when he was hit with a bill $9,000.00, he tore up his contract.

"They didn't say I could cancel it, but I did," says Noakes, "I told them they can pull the crossing if they want, I'll walk across."

And Noakes says the situation appears to be even worse for those living on the former B.C. Rail line, now owned by CN.  "They want $500.00 a year from those with crossings on the BCR, plus all the maintenance and you have to put insurance on.  They said we had to, too, but we never did and then they wanted us to put a gate up.  And, you know, it just get's ridiculous, it's just too much."

CN said recently it has agreed to waive the 2006 maintenance fee for property holders with crossings on the BCR line and reduce the liability insurance required from $10-million dollars to $2-million, but residents living along the line are up in arms.

Cariboo North M.L.A. Bob Simpson is hosting a town hall meeting with CN and the Canadian Transportation Authority in Quesnel Monday night at 7pm at the Tower Inn to discuss the issue.

For his part, Noakes says he just keeps sending his bills back to the company, saying he no longer has a contract with them, but says it's a tenuous situation.  "They're a big company, you know, there's not much we can do when it comes to fighting somebody like that, they're so huge."


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Comments

A number of years ago the CN Rail was privitized, again with some sort of provision that the majority ownership of the company remain in Canada.

Later on the CN Rail bought the Illionis Central Railway, after which the CN CEO Paul Tellier was let go, and he went to work for Bombardier, who let him, go and he went to work, but I digress.

Hunter Harrison who used to be the CEO of the Illinois Centreal Railway became the CEO of CNRail. For all intents and purposes this company is American and Private. There only concern is the bottom line, which may account for what they are presenlty doing by increasing costs for private crossings.

These major companies do have an Achilles heel.
1. P.R. they do not like bad publicity.

2. Taxation. They do not like to discuss taxation in Citys/Regional districts etc. We should be looking at increasing taxes for Railways, to an amount equal to what they get out of increasing costs of private crossings

3. Pollution. This is a big one. A lot of rail yards have had diesel spills for the last 90 years and the ground is polluted. The cost of cleaning up this pollution in major. They do not like to discuss this either.
4. Revenues. CN Rail will make a Billion dollars profit this year. Do they really need the additional revenue from Private Crossings.

5. Political influence. We need more than pressure from opposition MLA Bob Simpson. If the Elected liberals do not get on board, then it is easier for CN to ignore the complaints from people who have private crossings.
A sign of things to come?

Consider the way this has gone. An American company only considering their bottom line, regardless of the small increase in profits...is only about one thing. profits. Do we blame them? Maybe not. that's their sole intention...the bottom line. Money for shareholders...capatilism at work.

Now consider Terasen Gas. Goes to America. This time, not just a few people are effected....everyone is!

So what do we do?
I suggest everyone who is affected just set up a blockade. It seems to work for other parts of our community.

Shut the rail down for half a day and see if that doesn't affect their bottom line.

I hear that the railway is having quite a time with derailments. It may be in their best interest just to provide an access easement for $1 per year and call er square. Chester
IMO CN Rail is an evil company that profits from insider trading and market manipulations, threatens our democracy, and now wants to implement its own form of corporate multinational taxation on Canadian citizens.

In 2001 CN made $250 million on an insider trading deal of a BC company and got away with it because of their BC liberal connections.

In 2001 a BC based fiber optic company 360 Networks with $7.6 billion into a global fiber optic network was 5% owned by CN Rail as a result of easements that were given by CN Rail to 360 Networks for the right of way for fiber optic cables in addition to the royalty revenues. Vancouver based 360 Networks had a market cap high of $24 Billion dollars.

In late may of 2001 360 Networks publicly announced they would be cash flow positive within 6-months. A week later they filed for bankruptcy protection. During that week CN Rail cashed out on insider information with $250 million in profits from the easement rights of fiber optic cables that were in the form of 360 networks equity.

Vancouver based 360 Networks went into a death spiral and the BC Supreme Court devalued its assets to a mere $250 million from $7.6 Billion book value, which coincidentally was exactly what was owed to the secured creditor JPM Chase Manhattan (Rockefellers). While still in bankruptcy the BC Supreme Court then allowed 360 Networks to buy GT Telecom in Eastern Canada for $400 million in cash.

GT Telecom was a carbon copy of what was going on at 360 Networks, and GT Telecoms acquisition while 360 Networks was in BK court was paid for from 360 Networks Bermuda operations for South America in the ‘interest of the ongoing company’ as the BC courts said they had no authority over wholly owned subsidiary assets in South America. Money that could have kept 360 Networks viable as a stand alone company.

In the end the BC Supreme Court awarded nothing to the equity holders both preferred and common that funded over $4.5 Billion in company infrastructure build out, $2.6 Billion from bond holders got nothing, nearly a Billion in trade creditors got nothing, and JPM Chase was given the entire company including the recently acquired GT Telecom for a mere $250 million that was owed on secured credit. JMP Chase subsequently awarded the ‘new American’ management team that guided 360 Networks through its orchestrated crash; followed by ‘restructuring’ and into JPM Chase hands with 15% of the companies new equity now that the company was debt free and ready to pry on other leveraged firms.

The BC Supreme Court failed BC investment public in facilitating this fraud and expropriation of Canadian assets. The BC Securities Commission never did launch an investigation despite the fact this was the 7th largest BK in global corporate history and the case was linked to the revenue trading scams of Global Crossing and Enron being discussed in the US Senate.

When a local liberal MLA who had authority over the BCSC through the treasury board was asked why no investigation into what was clearly insider trading by CN Rail has ever been launched by the BCSC. The reply was that they were elected to deregulate and not regulate. Apparently the BCSC doing its job policing the rule of law and upholding the fairness of an investing climate in BC was not what the BC liberals were elected to do. CN as we all know had close connections to the BC liberals at the time and were just beginning the process of acquiring BC Rail so deregulation was the buzz-word and the liberal policy.

Investors into the BC economy got zero. Multinationals like CN Rail got $250 Million in easement right of way profits from insider trading equity in the destruction of the biggest BC home grown success in the high tech industry. Multinationals like CN Rail were not only above the law (insider trading), but they also got for a song and a dance the rights to the most efficient and profitable rail line in North America; BC Rail. Now being above the law, multinationals like CN Rail can make their own rules and pollute and play lose with the safety of all British Columbians. For icing on the cake multinationals like CN Rail would now like us to pay for the privilege of accessing a persons private property in a blatant form of corporate taxation of citizens of this province.

I’m not sure when the voting citizens of this province are going to wake up to the corruption going on that is paid for by all of us in some form.

Time Will Tell