After hitching a ride on a train illegally in Alberta, Sean Fitzpatrick thought it would be safe to walk through Moose Jaw’s rail yards while looking for another train to catch further east.
However, he did not think the police with Canadian Pacific Railway (CPR) would be patrolling for illegal trespassers. CP police nabbed Fitzpatrick and placed him in custody until he faced a judge.
In Moose Jaw provincial court on July 31, Fitzpatrick, 24, pleaded guilty to trespassing on railway property and to breaching an undertaking by going on CP property. He was given a conditional discharge, which means he won’t have a criminal record. He was also given six months of probation, where he has to keep the peace and be of good behaviour, and refrain from going on CP property unless at a rail crossing.
A CP constable were patrolling on July 30 around 3:14 p.m. when he spotted someone walking westbound on the service road between the first set of yard tracks and the main line, explained federal Crown prosecutor Suzanne Young. This area is not accessible to the public since it requires someone to walk at least three kilometres to get there.
The constable arrested Fitzpatrick and then recognized his name since he was wanted in Calgary — he had been arrested there earlier in July — for similar offences of train riding, trespassing and mischief, Young continued. He had also had run-ins with CP police in Montreal last summer.
Fitzpatrick had boarded the train in Medicine Hat, Alta., and headed to Moose Jaw since he heard Moose Jaw CP police were not as active, Young added.
Young recommended that Fitzpatrick be fined $500 for breaching his undertaking and trespassing on CP property, while he should not be within 100 metres of that property unless at a rail crossing. She noted this is a fit and proper sentence.
It would be improper to connect Fitzpatrick’s dealings with police in Calgary and Montreal with the charges in Moose Jaw since there were no criminal charges laid in those cases, said legal aid lawyer Suzanne Jeanson.
Fitzpatrick was born in British Columbia but has no fixed addressed, she continued. He suffers from anxiety, depression, and alcoholism. The homeless busker jumped on a train since he was going to Toronto to find the necessary support. He did not understand that he had to stay in Alberta because of his charges.
“He acknowledged that he was on CP property (on July 30) and he was not supposed to be there,” Jeanson continued. “(But) these are not serious offences. He’s someone who’s mental health makes him vulnerable but not to the public.”
Jeanson suggested Fitzpatrick be given a conditional discharge, since this would ensure he didn’t have a criminal record and would not limit future job opportunities.
She recommended against giving him a fine since he has no full-time job. He makes money by playing a banjo, but has to dumpster dive for food if he doesn’t earn any money. He also sleeps on the streets since he finds it safer than staying in shelters.
This is a serious offence since riding a train poses serious safety risks, especially for CP employees, countered Young. There can be dire consequences for someone walking the rails, but also for conductors, who need one kilometre to stop their trains.
In reviewing the case, Judge Brian Hendrickson noted Fitzpatrick spent two days in custody, has no criminal record, entered guilty pleas, is homeless, is unemployed, has no assets, and has no ability to make ends meet. Before imposing the conditional discharge, he reminded Fitzpatrick that safety is paramount in rail yards. The judge added he is still on an undertaking in Alberta and needs to remain there until it is resolved.
The next date for Moose Jaw provincial court is Aug. 6.
