Changes to Fatal Accidents Act could
have been more effective if Opposition amendment was accepted
While government’s improvements to the Fatal Accidents
Act are to be applauded, there was certainly room to further strengthen the
legislation to protect the people of Newfoundland and Labrador, says
Opposition House Leader Kelvin Parsons.
Parsons introduced an amendment last night calling on
government to include “non-pecuniary” losses in the Fatal Accidents Act.
This would allow family members to receive compensation for emotional
damages associated with the loss of a loved one. The actual amendment read,
“Clause one of the Bill is amended by adding the word non-pecuniary
immediately before the word loss in the proposed subsection 6(2).”
Government defeated the amendment.
“While I support the legislative changes put forward by
government on the Fatal Accidents Act, I certainly feel that non-pecuniary
loss should be included in the legislation,” said Mr. Parsons. “Not all pain
and suffering is physical in nature, many people suffer emotionally when a
loved one is taken from their lives. By including non-pecuniary suffering,
the loss of companionship would be recognized and the impact this has on
families. Unfortunately, government was clear that they did not want
compensation awarded based on grief and sorrow as is done in some other
jurisdictions.
“I would have
preferred that government accepted this amendment, however, the changes that
have been brought forward will certainly update this archaic piece of
legislation and are a reflection of the problems identified during the class
action lawsuit coming out of the Cameron Inquiry and the ER/PR testing
scandal. Damages that were never covered before will now be recognized and I
applaud government for recognizing these shortfalls. While this is certainly
a step in the right direction, I believe the grief and suffering of
individuals should be addressed and I will encourage government to evaluate
this option as this debate continues.”- 30 -
Media Contact:
Darrell Mercer
Director of Communications
Office of the Official Opposition
Tel: (709) 729-6151 or (709) 687-0477