NEWS RELEASE

                                                                                       Office of the Official Opposition

June 15, 2010
For Immediate Release

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.”

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Media Contact: 
Darrell Mercer
Director of Communications
Office of the Official Opposition
Tel: (709) 729-6151 or (709) 687-0477