Here is a typed version of its contents:

SR111 Operations Center
1901 Research Road
Ottawa Ontario
K1A1K8

23 September 2002

Salutation

The Transportation Safety Board of Canada (TSB) would like to take this opportunity to provide you with some additional information regarding the confidential draft review process.

As you may know, the Board has completed its review of the initial draft report, and the confidential draft report review process is now under way. As part of that process, and in accordance with Canadian legislation, the Board has sent the draft report. in confidence to designated reviewers. Designated reviewers are individuals or organizations whose performance, behaviour or products may be commented on in the draft report as well as those who may contribute to the completeness and overall accuracy of the report. Designated reviewers play an important role in clarifying technical and factual information and ensuring accuracy. The Board will assess the representations from designated reviewers and determine whether any changes to the draft report are necessary to ensure accuracy, only then will the final draft report be approved by the Board for release to the public.

As mentioned, the review process is to be completed in confidence. Therefore, the contents of the confidential draft report cannot be released to anyone who is not a designated reviewer, and designated reviewers have agreed to protect the confidentiality of the draft report.

Recently, there has been some speculation circulating about the content of the draft report. Given the provision for confidentiality of the draft report at this stage at the process, it would be inappropriate for the TSB to comment on this speculation. Because of the complexity of this accident, the investigation has taken more time than might have been anticipated and the TSB understands your desire to be kept informed. However we solicit your patience in waiting until the final report is released to receive thorough and accurate information about the accident. We hope you share our conviction that the safety deficiencies identified during this investigation must be well supported in the final public report and that, by ensuring factual accuracy; we will have helped to advance air safety worldwide.

Before the final report is released as expected in the first quarter of 2003, we will again contact you to provide you with information about the public release, and to ascertain if you wish to receive a copy of the final report and by what means. We also plan to provide you with an opportunity to attend a briefing session immediately preceding the public release of the final report.
Again I appreciate your patience as the TSB finalizes its investigation report into this tragic accident. If you have any questions, please write to us at the above address or e-mail us at Communications@tsb.gc.ca

Yours truly,

Vic Gerden
TSB Investigator in-charge

As always, a polite brush-off.

I wonder why originally their spokesperson said that they might allow family members to see the draft? I never believed that but that's what the Halifax Herald & the Globe had reported around the 4th anniversary. We can hardly find this letter very surprising in light of the little information we've been given all along.

Just wanted to mention that Mark posted a link to the TSB letter to the families on the front page of the site if you would prefer to see the original copy. You'll need acrobat reader.

So I'm wondering how one goes about (if it is even possible) filing a grievance against this? I think it is grossly unfair to the families.

Just wanted to add that if anyone has any ideas and doesn't want to post it on the board please feel free to email me at babsf342@aol.com

Barbara...

I'm not certain that there is any recourse regarding the process that the TSB follows as it is laid down in the legislation.

However, you could file a request through Access to Information. I'm not certain if the draft report would be subject to an ATIP request, but that is an avenue that you could explore (if you haven't already).

Access to Information and Privacy - Canada

Access to Information and Privacy Coordinator
Transportation Safety Board of Canada

Manon Vanriel
Place du Centre
200 Promenade du Portage, 4th Floor
Hull, Quebec K1A 1K8

Tel: (819) 994-8030
Fax: (819) 953-2160

Thanks for the info Chris. I just looked at the form one would have to fill out to make the request and it appears to me that you would have to be a permanent resident of Canada to go through this process. Unfortunately it looks like I will probably have to speak to someone here in the states to find out if there is anything I can do. I don't expect to get very far with this, but I think it's worth a try. If I find out anything further I will post it on the site in case there are any other family members interested in pursuing this. It's very frustrating because you kind of know where this is going to lead from past experiences regarding sr111, but I always believe that this is what my daughter would have expected me to do. Thanks again and I will post anything I am able to find out regarding what the process is.

Barbara

Barbara... Good luck with your effort, but don't be disappointed if you are turned down. I am pretty sure the TSB will hid behind their authority of confidentiality the preliminary report enjoys. However, I think there may be some success in obtaining a copy of it once the final report is issued. There would be no logical reason to not share the information with you. I wish I could help more, but I am at a loss too.

Cecil, Thanks for your response. My concern is that the final report that the family members are permitted to review (along with everyone else) will not be exactly the same as the draft being circulated to the 'designated reviewers'(formerly referred to by the TSB has 'affected parties'.) My understanding is that the family members will never see the original draft and that is what I'm very concerned about. Speaking for Mark and me, we would like to see the original before any potential alterations are made. It's going to take me a few days to report back what family members can do (if anything) because I will have to consult with a lawyer to get that kind of information. I've put a call in to an attorney but it will probably take a couple of days to hear back. Whatever is suggested (if anything) will more than likely not work but I do think it is worth a try. You know I wouldn't even believe that this was possible that a government agency could do this prior to Tara's death but since that terrible day have seen just how little in the way of rights air passengers and their families have. At any rate as soon as I find out I will report that information (if there is any!) on this site so that others may have the option of pursuing it as well. Again if anyone has any information regarding this matter I urge them to post it on this board or email Mark at fetherolf@yahoo.com or me at babsf342@aol.com

I note that the TSB asks us to join them in their quest to make the skies safer. While we too are concerned with air safety, the majority of our interest is in finding out why our beloved daughter is dead at age 16 and I think they should understand that we are parents first. We make no apologies for that.

Just to update you (not much!) but it looks like the US attorney has to speak with Canadian lawyers etc., etc., Appears to be just as complex as I thought...

Will continue to update. One good thing is at least for now the attorney contacted is enthused about the challenge of it!

Still waiting on a response. It's one of those processes that the lawyer has to speak to another lawyer that specializes in legislative matters etc. Will definately let you know where this leads though we probably already know the answer to that. Nonetheless we will pursue this as far as we can.

I have no new information but want you to know we are still pursuing this matter. Lawyer here trying to contact specific lawyer in Canada and is waiting for return phone call. I will let you know as soon as I have any updated information. Unfortunately these things always take time.

Barbara... Thank you for keeping us informed as to you continued efforts. I hope to goodness that you will be sucessful.

Cecil, Your support is really appreciated. It is so frustrating to try to get anything done, that's for sure. I'm still waiting to hear if there is any recourse we can take. Even if we don't succeed, I think it's important to try. Just seems to take forever to get a darn answer. Thanks for caring Cecil.

Barbara

Update:

Okay finally- Canadian lawyer interested in taking the case. Will be speaking with him next week and will keep you all updated. We will definately be pursuing this matter.

Not much of an update:

Called Canadian lawyer today, left message. He hasn't returned call as of now. Pretty frustrating...

I should explain that the American lawyer acted as a liason and also located an individual who specializes in Canadian law. It took him a while to get a return call to discuss this issue with him and see whether or not he thought it was worth pursuing. Now we have to talk to him and see what (or if) we can do. The guy must be busy because it took the American lawyer a long time to get a response. Hope I'm making sense.

Update today. Mark and I spoke to the lawyer today and here is what we need to do:

The first step is to send letters off to the proper agencies and request (through the Canadian equivalent of the US Freedom of Information Act), that we be permitted to obtain a copy of the draft report. They have about 30 days to respond to the request. If (which obviously will be the case) they reject your request, you can take it to what is supposed to be an objective mediator who will review the request and make a decision on whether you should be privy to that information.

More than likely if we decide to pursue this issue further, we would end up in court. If the cost of that is not prohibitive, we will take it to that point.

We will be sending off some materials to the lawyer to review so that he can begin the process.

Chris, Looks like you were right all along. I guess we go through the same process as if a Canadian were requesting the information.

Barbara

Well the check is in the mail. The long process begins...

Barbara,

Good luck, and may you succeed.
Godspeed.

hank@ster

GPS is voor mannen, welke geen kaart kunnen lezen of naar de weg willen vragen.

Hank, Thank you very much. It's just a shame that we have to do it this way. Thanks for your support. I will keep you all updated on the progress.

Barbara

"and may you succeed."

I think from speaking with the attorney we might have a shot at this. Thanks again.