AVIN Direct , a Canadian Aviation Insurance Association, provides a link to the background and powers of the Canadian Transportation Safety Board. Of particular interest is the section on Draft Reports and Representations and the Question of Confidentiality.

I find the language particularly interesting. AVINDIRECT's summary states, "...the Board is required to send a copy of the draft to any person who has a 'direct interest' in the findings." The Herald quotes an unnamed TSB official as stating that "involved parties" received copiies of the draft report. John Cottreau of the TSB said, "board policy stipulates that those allowed to review the document are people "who might see themselves as being adversely affected by the report." He added that this might include next of kin, but of course it was later determined that it does not. Canada's Occupational Health and Safety Magazine states, "Once the board is satisfied, the report is distributed, on a confidential basis, to all persons with a direct interest in the proceedings (or PDIs as they are known)."

Clearly, victims' families are involved parties. They are also persons with a direct interest and could certainly be adversely affected (ultimately by the public disclosure of the circumstances of their loved ones' deaths).

Interesting then that, in Vic Gerden's letter to the victims families, he used a new term to describe those who would receive the draft report, "Designated Reviewers". I suppose in the absense of any sane argument that victims' families have no direct interest, the TSB has simply changed the terminology.

Looks like the TSB might be changing the rules as they go along. Check out this letter to the families:

http://www.swissair111.org/letter.pdf