Court Gives Moose Class Action Green Light While Government Fails to Take Action

A judge in St. John's gave the Moose Vehicle Class Action a green light in early June, ordering that it could go ahead as a class action.  This means that any decision in the case will bind class members, and puts the class action on a (relatively) even playing field with the government.

Relatively, because, let's face it, the government has all the money and all the resources.  But without the class action procedure, there would be no lawsuit on this issue of tremendous importance to Newfoundlanders.  It is only as a class action that it is possible to fight this action at all.

We believe the case has merit and if we have to fight it all the way, the class members will win.  But this is a process that can take years, maybe 5 years, maybe 10 years if the government uses every appeal device at its disposal.

In the meantime, while government fights a rear guard action, people will continue to be seriously injured and killed, and those injured through government neglect over the last 10 years will not receive the help and assistance they deserve and are entitled to.

What the government has to do is accept the invitation of Ben Bellows and Hugh George and enter into talks.  What is called for is a mediation aimed at resolving issues of moose vehicle safety and issues of compensation to those suffering major injuries or death.

The solutions are obvious for all to see except, it seems, the government.  The day before the judge issued his order certifying the class action, Ben Bellows had a lengthy meeting with Tom Hedderson, Minister of Transportation.  Mr. Bellows was thankful for the meeting.  However, the government gave no concrete undertaking and gave every sign that it was continuing to treat the moose vehicle safety issue in the same way it has for many years-they are trying to ignore it.

Nothing radical or experimental is being asked for, only what every other jurisdiction in North America with a moose problem has already discovered works:  moose fencing, with or without underpasses or overpasses.  And fewer moose.  Remember, we have 2% of the moose habitat in North America, and 10% of the moose!

The government should get with it.  Our job as lawyers is to deal with issues in court, but the issue has taken on a dynamic of its own through the activities of the Save Our People Action Committee (SOPAC).  Anyone who thinks moose vehicle collisions in this province are purely a matter of careless driving, is living in a world built on wishful thinking.  The goal is to cut collisions in half within 5 years.  If you support this goal, go to SOPAC's new website www.toomanymoose.com and sign the online petition, with or without your name revealed.  Easy to do, and an interesting website.

Government should consider comments like this one from Larry Gray made on the petition comment page on June 6:  "I drive throughout the province on a regular monthly basis.  It is high time our government stopped ignoring this issue.  I think this will be a major election issue.  It should be brought up at every BBQ and baby kissing opportunity possible this summer.  Politicians you are being watched and we are listening and our choices will be made in Oct."