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PSAC News release

FOR IMMEDIATE RELEASE                                            May 24, 2002

Personal protection decision puts national park wardens in danger

OTTAWA - The Public Service Alliance of Canada speculates that national parks wardens will have to suffer serious injury or death on the job before the Parks Canada Agency will take their concerns about personal protective equipment seriously. The union is reacting with concern to a decision that park wardens engaged in law enforcement are not in "danger" as defined by the Canada Labour Code and, as a result, there is no justification to issue them sidearms in the performance of their jobs.

"A Human Resources Development Canada Appeals Officer has just rescinded two earlier directions issued by a Labour Canada Health and Safety Officer," says Ed Cashman, President of the PSAC’s National Component. "After a thorough investigation, this Health and Safety Officer had directed the Parks Canada Agency to take measures to correct the hazard or alter the law enforcement activity of the wardens to protect them from danger."

The Appeals Officer’s decision hinges on the Code’s definition of danger. He noted that "much of the work of a park warden involved in law enforcement activities is to enforce the Canada National Parks Act, on occasion, against people who possess criminal records, who are violent, who are contravening the law and who are intent on not being arrested". Nevertheless, he determined that "…the health and safety officer confused risk with ‘danger’ as defined in the Code. To put it in general terms, he confused what might happen with what will happen."

Cashman indicates that "the Appeals Officer admits that the park wardens are facing risks. However, until there is a direct connection between their job and our members receiving a serious or fatal injury, they are not deemed to be in ‘danger’. We call on Parks Canada to meet with the union now to deal with our concerns in a constructive manner rather than waiting for a tragedy to occur."

The issue of the safety of parks wardens is not a new one. There have been a number of studies of the park wardens’ work environment conducted in the last 14 years which overwhelmingly support the wardens’ position and the Health and Safety Officer’s conclusion. As peace officers, parks wardens are expressly authorized by the Criminal Code to use lethal force as required in their duties.

"Many of their law enforcement duties are routinely performed alone, in areas where back-up from other wardens or the RCMP is not immediately available," according to Cashman. "It is also common for park wardens to have to confront individuals under the influence of alcohol or drugs who are in the possession of axes, knives and firearms. In fact, the work descriptions of park wardens specifically acknowledge that they may be exposed to physical assaults resulting in injury or death on the job."

Parks wardens are already issued longarms. PSAC has argued that a longarm is utterly inappropriate for use in close encounters, could easily be removed from the attending officer and requires the use of both hands which could jeopardize the warden’s safety in the event of an attack.

"Sidearms are currently being issued to Federal Fisheries Officers and Environment Canada wildlife officers and conservation officers in order to perform their jobs safely," says Cashman. "We believe our park wardens should be similarly protected."

The union is reviewing the decision and considering further action, including a possible appeal to the Federal Court.

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For information:

Ed Cashman, President, PSAC National Component, (613) 560-4301