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Moose Collisions: Act of Government, Not Act of God

Over the years, Newfoundlanders have bought into the idea that collisions with moose on the highways are acts of God or nature, not something government can control. We just hope it doesn't happen to us. And when we go out on the highways, particularly at night, we live with fear, and our loved ones live with fear, until we are safe at home.

That is the way the government wants us to see it. Moose/vehicle collisions are nothing the government can do anything about.

The members of the Moose Vehicle Collision class action say moose collisions on the island portion of this province are an act of government, not an act of God.

Government made a decision to bring this non-native invasive species here about a hundred years ago. Government has also avoided taking responsibility for managing the hazard it created. Government's policy positions on the moose/vehicle collision issue are out of touch with sound ecological balance and with best safety practice in places like Sweden, Alberta, New Brunswick, and now even in our own national parks.

Lobby groups like Save Our People Action Committee have proposed what seem like sensible ideas, such as a reduction in moose numbers, elimination of problem moose and the erection of moose fencing. But government and government's own expert officials say these measures won't work. So what is an ordinary person, with no special learning in the field of moose and highway safety, to think?

People have several times asked me to consider a moose class action, and I have several times declined. But something happened last October that made me reconsider. Municipalities Newfoundland and Labrador had a conference in St. John's, and while driving to the city one of the mayors hit a moose near the Foxtrap Access Road and was admitted to hospital. The mayors at the conference passed a resolution asking the government to take action on the moose hazard and sent government a letter. This event suggested that public opinion on the moose/vehicle collision problem might be shifting to the point where government would feel political pressure to take meaningful action.

After the mayor's collision, I sought out world class experts and learned that the government has allowed the moose population here to reach densities of five to ten times what is allowed in places like northern Ontario. The government puts out a figure of 120,000 moose for the island, but 150,000 is a better guess and 200,000 is realistic. If we followed Ontario guidelines, we would have 21,000 moose. I was told that the result of our government-imposed high moose densities is an ecological crisis in which moose are drastically over-browsing on young trees and destroying the forests.

Another recent development confirms what experts have told me and suggests the timing for this class action is right. Last week, Parks Canada confirmed plans for a drawdown of moose numbers in Gros Morne National Park by four thousand animals, aimed at reducing numbers to 20% of what they are now. Credible federal authorities right here in Newfoundland have recognized the environmental damage and threat to highway safety posed by too many moose, and are taking decisive measures. In the meantime, our own government is in denial of the problem.

Environmental degradation and too many moose on the highways is a consequence of too many moose in the woods.

The Moose Vehicle Collision class action is taken for those Newfoundlanders and their loved ones whose lives have been changed forever by the reign of terror on our highways, and for the safety of future users of the highways. The class definition in the Statement of Claim makes this clear.

The Plaintiffs take this class proceeding on behalf of persons or the estates of persons who were admitted as inpatients to a hospital and on behalf of the estates of persons who are deceased as a result of a collision or near collision with a moose, while operating or occupying a motor vehicle on a highway in the island portion of Newfoundland and Labrador.

This is not about recovering money for property damage, or for soft tissue injuries, or even for serious injuries treated in Emergency. It is about help for those badly enough injured to be admitted to hospital, particularly those with serious head injuries like Hugh George, or spinal cord injuries like Ben Bellows. And it is about preventing injury and death to people like them in the future.

The first step in a class action is to apply to court for certification as a class action, and our Class Actions Act requires this application to be filed within 90 days. Once the class members and government have exchanged information, talks should commence within the next three or four months. The class action creates an institutional framework for a negotiated resolution of the moose/vehicle collision problem this year. Government should look on the class action as a resource for problem solving, and welcome an early mediation to discuss solutions. There are many creative solutions possible with a win/win outcome - a win for class members, for public safety, and for government.

A starting point for talks is our proposal that government should implement a five year plan to reduce the rate of injury in moose/vehicle collisions by 50% or more. Moose fencing is a proven part of an effective injury reduction strategy. The elimination of problem moose near the highways makes sense. And a drawdown of moose densities to environmentally responsible levels is a part of the solution too. Both the safety of the highways and the ecological health of the island will benefit if our people and their people sit down and talk.

At the same time, it is fair and just that government make financial amends with some of the most tragically injured citizens in the province, namely those admitted to hospital with devastating injuries who will never walk again or work again, and the families of those killed in moose collisions - not by acts of God, but by acts and omissions of government itself.

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