micheal_can
Senior Member
I think we agree that changes which would be fundamentally reasonable and respectful of the shareholder are theoretically possible if the mood were there. Personally, I think those changes are essential and long overdue notwithstanding the desire to put T-O-M on its own right of way. There will never be a fully segregated passenger system - VIA will always be a tenant in some critical places.
One reality-based question is, can the changes that have been raised and discussed here in this forum be justified and demonstrated in a way that voters and legislators see as compelling and urgent. Are they even really needed?
A second line of question would the necessary changes stand a chance of being imposed legislatively, without CN or CP seeing reason to oppose them in the courts - and would the courts support whatever legislation is imposed within our broader and unchangeable constitutional framework. And even with the Canadian courts agreeing, how would broader stakeholders react if Ottawa held the feet of two internationally-integrated rail systems with huge non-Canadian institutional investor and customer bases to a Canadian fire?
A third question would be - have we protected the effectiveness of the freight infrastructure, and are we appropriating capacity that might be best left alone in the interest of futureproofing? Some of the railways' resistance may just be talk, but we can't afford to impair the freight network in ways that are real.
While we grumble about what VIA's present lot in life isn't, the current schedule frequency between Montreal, Ottawa, and Toronto is pretty darn good. It's the reliability and velocity we don't like. The point being - this was a freely negotiated agreement. When we say that "CN and CP are screwing VIA" that really isn't true, it's more like "this is the best we can offer you at the price you choose to pay". Some of that stance may be denial or antipathy, but some of it is business-sensible risk avoidance, and some of it is trying to take advantage.
We also have to recognize that there is already legislation that enables VIA to seek arbitration if it wants the railways to do something. That option is very seldom pursued.... which means we aren't confident that the arbitrator would be supportive. The old adage - don't ask a court a question unless you are willing to live with what the answer might be.
My own view is that there may be global levers Ottawa can threaten to pull, but it leads to a nuclear tension pretty quickly. But the better strategy might be to look at what specific demands the three proponents outline for CN/CP (and ML, who are just as hostile a landlord) and what the response to those is. And if those asks are reasonable, look at levers to compel the railways to comply.
- Paul
The best angle the government could use would be a climate change solution. Using the funds from the carbon tax as a way to fund Via could be palatable to voters. Using that carbon tax money to subsidize rail expansion to make passenger service better elsewhere can be a way to get companies like CN and CP on board.
Remember, much of Via is nothing but politics. So, to fix it, it needs to have the politics surrounding it change.