Benedict promises obedience to new pope

Pope Benedict XVI told cardinals in Vatican City on Thursday that he will pledge his unconditional obedience to the next pontiff, just hours before he will become the first pope to resign as head of the Catholic Church in nearly 600 years.

CBC's Susan Ormiston reported from outside St. Peter's Basilica that the Pope was "trying to put down any worries that the Vatican might have that he would be pulling strings from behind closed walls."

Delivering an unexpected speech inside the Vatican's frescoed Clementine Hall, Benedict urged the "princes" of the church to set aside their differences as they elect the next pope, urging them to be unified so that the College of Cardinals works "like an orchestra" where "agreement and harmony" can be reached despite diversity. It was his last chance to officially say goodbye to the cardinals, more than half of whom he appointed.

Benedict will spend the first portion of his retirement at Castel Gandolfo south of Rome. (Google/CBC)

The Pope, wearing his crimson velvet cape and using a cane, said he would pray for the cardinals in coming days as they choose his successor, the 266th leader of the Catholic Church and its 1.2 billion followers.

"Among you is also the future pope, whom I promise my unconditional reverence and obedience," Benedict said in his final audience.

At around 11 a.m. ET (5 p.m. local time), Benedict will board a helicopter on top of a hill in the Vatican gardens and fly to the papal summer residence at Castel Gandolfo, just outside Rome.

"We expect him to come out of the balcony…at his residence and make one last apperance," Ormiston said. "We don't know whether he'll speak or not but the town is very excited."

Benedict steps down at 2 p.m. ET

At exactly 2 p.m. ET, Benedict will become emeritus pope, his Vatican appointees will lose their jobs, and attention will turn to the 115 cardinals who will choose a successor.

Benedict is expected return to live behind the Vatican walls in two to three months, in a monastery being readied for him.

That has deepened concerns about the shadow he will cast over the next papacy.

But Benedict has tried to address those worries, saying that once retired he would be "hidden from the world." In his final speech in St. Peter's Square on Wednesday, he said he wasn't returning to private life, but rather to a new form of service to the church through prayer.

Marco Politi, an Italian journalist and Vatican expert, said the resignation is a historic turning point for the Catholic Church.

"Here in Rome, the Catholic Church has [had] the legacy of the Roman Empire," he told CBC News. "This way of an old imperial church is fading away."

Politi said the cardinals will have a choice between choosing a pope who will be open to reforms or to "defend the trenches of the old tradition."

Cardinal Thomas Collins, the Archbishop of Toronto, Cardinal Jean-Claude Turcotte, the archbishop emeritus of Montreal, and Cardinal Marc Ouellet of Quebec will be among the senior clergy on hand to choose their next leader.

In all, 115 cardinals under the age of 80 are expected in Rome for the conclave to vote on who should become the next pope; two other eligible cardinals have already said they are not coming, one from Britain and another from Indonesia. Cardinals who are 80 and older can join the college meetings but won't participate in the conclave or vote.

Earlier this week, Benedict gave the cardinals the go-ahead to move up the start date of the conclave — tossing out the traditional 15-day waiting period. But the cardinals won't actually set a date for the conclave until they begin meeting officially Monday.

In Canada, thanksgiving masses are planned at noon across the country to mark the end of Benedict's reign. For instance, 20 bishops from across western Canada and the North are expected in Edmonton.

With files from The Associated Press

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Boeing touts fighter jet to rival F-35 — at half the price

In a dogfight of defence contractors, the hunter can quickly become the hunted. It's happening now to the F-35.

The world's largest defence contractor, Lockheed Martin, is trying to convince wavering U.S. allies — including Canada — to stick with its high-tech, high-priced and unproven F-35 stealth fighter. But the F-35 is way behind schedule, way over budget and, now, it's grounded by a mysterious crack in a turbine fan.

After years of technical problems, it's a tempting target for Lockheed Martin's rivals.

It's no surprise, then, that the No. 2 defence contractor, Boeing, smells blood.

With Ottawa now reviewing its previous commitment to buy the F-35, Boeing is making an aggressive pitch to Canadian taxpayers, offering to save them billions of dollars if they buy Boeing's Super Hornets instead.

Boeing isn't pulling its punches. The Super Hornet, it says, is a proven fighter while the F-35 is just a concept — and an expensive one at that.

Ricardo Traven is a former Canadian air force pilot and now chief test pilot for the Super Hornet, Boeing's rival fighter jet to Lockheed Martin's F-35. (Terry Milewski/CBC News)

"We call it competing with a paper airplane," says Ricardo Traven, Boeing's chief test pilot for the Super Hornet. A Canadian who flew fighters for 15 years in the Canadian air force, Traven dismisses the F-35 as a "shiny brochure of promises," and contrasts it with "the real thing," which looms behind him in a top-secret hangar at Boeing's vast production line in St. Louis, Missouri.

All photographs and video are closely monitored by Boeing staff to ensure nothing classified leaks out. Many of the Super Hornet's best selling points, they say, are classified. The same goes for the F-35. The difference, says Traven, is that the Super Hornet is long since proven.

It has two engines to the F-35's one — and, unlike the F-35, it's ready now. Some 500 Super Hornets are already in service with the U.S. Navy. Dozens have already been sold to the Australian air force, which, like Canada, was once committed to the F-35 but gave up waiting for it to prove itself.

Boeing and Lockheed Martin both say their plane is superior in various ways. Lockheed Martin's headline feature is stealth. Boeing's is price. But with defence budgets shrinking everywhere, price is increasingly what governments want to hear about.

On that, Boeing thinks it has a compelling case — and not just because its plane is cheaper.

The Super Hornet currently sells for about $55 million US apiece; the Pentagon expects the F-35 to cost twice as much — about $110 million. But only 20 per cent of the cost of owning a fighter fleet is the actual sticker price of the planes. Eighty per cent is the operating cost — what it takes to keep them flying. That means everything from pilots and fuel to maintenance and spares.

Psst! Wanna save $23B?

And that's where the difference between the F-35 and the Super Hornet rockets into the stratosphere.

"The current actual costs to operate a Super Hornet are less than half the cost that the F-35 is projected to be once it's in operation, just to operate," says Mike Gibbons, vice-president in charge of the Super Hornet program.

Less than half? But how can he know that, since the F-35s are not yet in service?

'Twin engines, dual redundant hydraulics … those are the things I don't want to give up in flying to remote places or even in combat, because those are the things that'll bring you home.'—Super Hornet chief test pilot Ricardo Traven

Gibbons is ready for the question. "No one knows actually how costly that jet will actually be, once it's in operation. We do know how affordable the Super Hornet is currently because we have actual costs." The Super Hornet costs about $16,000 an hour to fly, he says — and the F-35 will be double that.

Really? That sounded too good to be true — so CBC News dug into Boeing's figures to see how credible they are.

According to the GAO, the Super Hornet actually costs the U.S. Navy $15,346 an hour to fly. It sounds like a lot — until you see that the U.S. Air Force's official "target" for operating the F-35 is $31,900 an hour. The GAO says it's a little more — closer to $32,500.

CBC also asked Lockheed Martin to say if it had any quarrel with these numbers — and it did not.

In a written response, a Lockheed spokesman declined to offer any different figures, but insisted the F-35's operating costs would be "comparable to or lower than" the "legacy platforms" — meaning, older jets — that it will replace. Those do not include the Super Hornets, which Boeing says are 25 per cent cheaper to run than Canada's "legacy" CF-18s.

Lockheed also claimed the F-35 would "achieve cost advantages … by leveraging economies of scale" gained by selling one fighter, with one supply chain, to different countries. However, it remains to be seen whether those economies of scale are ever realized.

As it stands, the official estimate for a fleet of 65 F-35s is that they will cost $9 billion to buy and almost $37 billion to operate over the next 42 years. So, a total of just under $46 billion. If Boeing's figures hold up, the Super Hornets would cost about half that.

The math is easy, but the result is eye-popping nonetheless. It's a saving of up to $23 billion.

Numbers like that have a way of getting attention.

Sure, but what about stealth?

The next question is, though — is it a second-rate plane? Instead of the "Fifth Generation" stealth fighter that Lockheed Martin advertises, does Canada want to settle for a not-so-stealthy Generation 4.5?

Boeing is ready for that question, too. Mike Gibbons, the VP, phrases his answer carefully.

"We know that the Super Hornet has effective stealth, and that's really the key. In fact, we believe we have a more affordable stealth than many other platforms that are being designed specifically and touted as stealthy platforms."

The Harper government announced in 2010 it would buy 65 F-35 Joint Strike Fighter aircraft, but decided to restart the fighter jet procurement process after a highly-critical report last spring from the auditor general. (Tom Reynolds/Lockheed Martin Corp./Reuters)

Of course, he means the F-35 — and he's not claiming to have better stealth, just more affordable stealth. But his test pilot, Ricardo Traven, says that doesn't mean the Super Hornet is less likely to survive in combat.

As a pilot with experience in the North, says Traven, he'd rather fly with a little less stealth and little more agility. Lockheed Martin gave up agility, he argues, to gain the former.

On the Super Hornet, "sacrifices were not made for the purpose of stealth," he explains. After numerous winter landings on frozen Canadian runways, he says, "You want an airplane with large control surfaces, large flaps … these things give the airplane a lot of manoeuverability."

Proponents of stealth, though, want everything smaller so as to reduce the plane's visibility on radar.

"The stealth engineers don't want large flaps, they don't want large ailerons, they don`t want large wings, so everything is shrunk down on an airplane like that to be stealthy. And so the cost of stealth is not just the money. The cost is in capability and in performance …. Those capabilities and performance I do not believe are worth the sacrifice for stealth," says Traven.

'The goose that didn't get the memo'

These factors, Traven insists, make the Super Hornet more "survivable," even if it's less stealthy. Similarly, he touts the virtues of having twin engines. Sure, the F-35's single engine may be very reliable, he says — but what if a bird gets sucked in?

"It's the goose that didn't get the memo," he says, which could destroy a single-engined aircraft. With two engines, the pilot can still fly. Equally, Traven says, the Super Hornet's landing gear is more rugged and more suited to snowy or slushy northern runways.

Boeing's Super Hornet - a two-seat, two-engine fighter jet - does not have the same level of stealth capability of the F-35, but it comes in at a much lower price. (Terry Milewski/CBC News)

"Twin engines, dual redundant hydraulics … I mean, I can go on and on," Traven enthuses. "Those are the things I don't want to give up in flying to remote places or even in combat, because those are the things that'll bring you home."

Don't say Boeing doesn't know how to do a sales job. And Lockheed Martin's no slouch, either. In fact, Lockheed has a Canadian chief test pilot, too — Billie Flynn, who's doubly Canadian, if it comes to that, because he's married to Canadian astronaut Julie Payette.

Top that, Boeing!

Actually, Traven has some high-orbit Canadian connections, too. He's an old air force buddy of another well-known pilot: Gen. Tom Lawson, no less — who's now Canada's chief of defence staff.

Lawson has long been a fan of the F-35, but has recently begun to downplay the importance of stealth. He told CBC News that government decision-makers might do well to listen to his former comrade.

"Every aircraft brings a level of stealth," said Lawson — not just the F-35. The new secretariat that is looking at alternatives, he said, will have to see just how much stealth each plane offers.

Does the Super Hornet have what it takes? "I don't know," Lawson replied.

"We're going to leave that to the team to look at. We don't have Super Hornets. We have not, until recently, even considered purchasing them. So I think that Ricardo Traven, my good friend that you mentioned, might have something to say about that, that would interest the teams, the whole-of-government teams, that are together to consider it."

Start your engines

So, the contest is on — and, if it was once wired to make sure the F-35 won, it isn't now. The government insists it really is "hitting the reset button" and is serious about looking for alternatives.

The Boeing Prologue Room in St. Louis, Missouri showcases models of the number-two U.S aircraft maker's signature planes, including the new F/A-18E or Super Hornet. Canada's current fighter jets are an earlier model of the F-18. (Sara Brunetti/CBC News)

CBC News contacted the European manufacturers of the Typhoon — also known as the Eurofighter — as well as Dassault, the French maker of the Rafale, and Sweden's Saab, which makes the Gripen. All said they've been contacted by the Canadian government and were ready to make their pitches.

But it's Boeing's entry that will grab most attention. It's the only American competitor for the F-35, and being "interoperable" with the U.S. is a big deal for Canada. Boeing is also offering to meet or beat the amount of contracts — known as "industrial benefits" — that Lockheed Martin would steer to Canadian companies.

With billions at stake, this battle of the giants will be worth watching.

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5 papal things Benedict gives up in retirement

Since the surprise announcement that Pope Benedict XVI is retiring — set for 2 p.m. ET today — details have slowly emerged about what sort of life the former pontiff will live after his time as head of the Catholic Church is over.

It's been 600 years since the last pope stepped down so it wasn't clear what Benedict would do after his resignation. In the immediate aftermath of the announcement, on Feb. 11, some even wondered what you call a retired pope.

On Tuesday, the Vatican shed some clarity on that issue by announcing that Benedict will keep his papal name, instead of reverting to Joseph Ratzinger, and will be referred to as "pope emeritus." He will also keep the title of "His Holiness," but not the other one: Bishop of Rome

Vatican spokesman Rev. Federico Lombardi said that Benedict himself made the decision in consultation with others.

However, the retiring pope will also have to give up a number of his ecclesiastical goods, including many that are steeped in the history and symbolism of the Church such as his papal ring and red shoes.

Here is a look at five items Benedict will be giving up when he enters retirement.

Papal ring

According to Robert Dennis, a teaching fellow at the department of history at Queen's University in Kingston, Ont., one of the most important ceremonial items Benedict will have to part with is his papal ring, which is also called the fisherman's ring.

The gold ring, which bears an image of St. Peter and the current pope's name, is used as a papal seal and is always destroyed at the end of a papacy, usually when the office-holder dies. The BBC reported that Benedict's ring will be smashed by a specially designed silver hammer.

The ring "is a sign of authority of a particular pope and so that's why it's so important that the ring itself is destroyed once a papacy ends, so that no one can assert that authority except within whom it has been invested," Dennis told CBC News.

A pope's clothes

On Thursday, the Vatican also announced that Benedict has decided to continue wearing a "simple white cassock," or ankle-length robe, a colour which is reserved for the pope. But he will be giving up the mozzetta, the short, elbow-length cape that covers the pope's shoulders.

"There is a lot of history and tradition when it comes to papal clothing, papal attire," Dennis said. White is meant to symbolize purity and holiness.

It also symbolizes "that the person who assumes the office of the pope is not chosen merely by a group of men, a group of cardinals, that he is chosen in a providential way," Dennis said.

Some Vatican officials had previously suggested that Benedict would wear the red of cardinals or the black garb of an ordinary priest after he retired, instead of the papal white.

Red shoes

Pope Benedict has agreed not to wear the red shoes traditionally worn by some popes but will instead wear brown loafers. (Andrew Milligan/Reuters)

The Vatican also announced on Thursday that Benedict will no longer wear the red shoes traditionally worn by popes, which is said to symbolize the blood of the martyrs.

Instead, he will wear a pair of hand-cobbled brown loafers presented to him during a 2012 visit to Mexico.

Papal Twitter account

According to Vatican Radio, Benedict's Twitter account @Pontifex will be inactive during the interim period between the papal resignation and the election of a successor during the papal conclave, a period known as sede vacante.

The account, along with its eight companion accounts in different languages, has almost three million followers although Benedict has only tweeted 38 times since its debut in December.

Vatican Radio quoted Paul Tighe, undersecretary of the pontifical council for social communications, who said the Twitter account was created for the exclusive use of the current pontiff.

"@Pontifex will be available for use by the next pope as he may wish," Tighe said in a statement.

Vatican Palace

Church officials have said Benedict will fly by helicopter after his official resignation to the papal summer home at Castel Gandolfo, about 25 kilometres south of Rome.

However, the move is only temporary while renovations are completed to a monastery inside the Vatican where he will ultimately live.

According to a report from NPR, the building is only a few hundred metres from Palace of Sixtus, the official residence of the pope and where Benedict's successor will live.

The 85-year-old Benedict has said he plans to spend his retirement "hidden from the world" in a life of prayer. His personal secretary, Archbishop Georg Gaenswein, is to continue to attend to Benedict in retirement. But Gaenswein is also to remain on as the personal secretary or head of the papal household to the new pontiff as well, the Vatican has said.

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CBC scores big wins at Canadian Screen Awards in Toronto

CBC's television and online news coverage, long-running documentary series The Nature of Things and TSN's coverage of the London 2012 Olympic Games are among the big winners at the Canadian Screen Awards.

The awards, presented by the Academy of Canadian Cinema and Television, celebrates homegrown TV, film and digital productions.

Wednesday night's ceremony was the first of three CSA galas and focused on honouring the country's news, sports, documentary and lifestyle programming.

CBC was a major news winner, earning awards in categories including:

• Breaking news coverage: CBC News Now — Jack Layton's Death.
• Breaking reportage, local: CBC News Toronto — Mariam Makniashvili.
• Breaking reportage, national: CBC News: The National — Reports from Attawapiskat.
• National newscast — CBC News: The National.
• News information series: the fifth estate.

Truth & Lies: The Last Days of Osama bin Laden, an investigative multimedia project produced by CBCNews.ca and the fifth estate won a Canadian Screen Award on Wednesday night.

The project, a first for CBC, won in the Cross-Platform Project, Non-Fiction category.

"We're incredibly flattered to win in this category," said Marissa Nelson, acting director of digital media at CBCNews.ca.

"We used the incredible investigative prowess of the fifth estate and the unique tools of digital storytelling to bring investigative reporting to a new and broader audience."

CBC's Hockey Night in Canada, meanwhile, was lauded for its coverage of Game 7 of the 2011 Stanley Cup Finals, winning the trophy for best live sporting direction.

Venerable CBC documentary series The Nature of Things was also a multiple winner. It picked up a trophy for best doc program, while host David Suzuki nabbed the award for best host or interviewer in a news information program.

TSN picked up several CSAs for coverage of the 2012 London Olympics, including for sports analysis, live sporting event and sports play-by-play announcer (Rod Smith).

Gala to be broadcast by CBC on Sunday

The evening also included tributes to this year's special honourees: Jeanne Beker, Flashpoint, Ian Greenberg, Victor Loewy, Andra Sheffer, Laurier LaPierre, Heather Conkie and IMAX.

The CSA celebration continues on Thursday evening with a second industry ceremony honouring the winners of drama, youth, comedy and variety categories.

The celebration ends with a televised gala hosted by Martin Short and broadcast by CBC on Sunday. Altogether, the CSAs will present awards in 120 categories.

In May 2012, the Academy of Canadian Cinema and Television announced it would consolidate the existing Genie and Gemini Awards, honouring English-language film and television respectively, into one omnibus event that would also celebrate digital media production.

In September, the group revealed the new event would be known as the Canadian Screen Awards and unveiled a logo design that has been reflected in the new CSA trophy.

• Animated Program: Producing Parker
• Breaking News Coverage: CBC News Now — Jack Layton's Death
• Breaking Reportage, Local: CBC News Toronto — Miriam Makashvili
• Breaking Reportage, National: CBC News The National — Reports from Attawapiskat
• Documentary Program: The Nature of Things with David Suzuki
• History or Biography Documentary Program: D-Day to Victory
• Lifestyle Program: Income Property
• Live Sporting Event: London 2012 Olympic Games (TSN)
• Local Newscast: Global Toronto
• National Newscast: CBC News The National
• News Information Series: the fifth estate
• Performing Arts Program: Love Shines
• Science or Nature Documentary Program: Polar Bears: A Summer Odyssey
• Sports Analysis/Commentary: London 2012 Olympic Games Primetime (TSN)
• Social/Political Documentary Program: About Her
• Cross-Platform Project, Children's: My Babysitter's a Vampire Interactive: Humans vs. Vampires
• Cross-Platform Project, Fiction: Drunk and on Drugs the Happy Funtime Hour – Digital
• Cross-Platform Project, Non-Fiction: Truth & Lies: The Last Days of Osama bin Laden
• Original Program Produced for Digital Media, Fiction: Guidestones
• Original Program Produced for Digital Media, Non-Fiction: Highrise: One Millionth Tower (National Film Board of Canada)
• Editorial Research: the fifth estate — Scout's Honour
• Visual Research: Love, Hate & Propaganda: The Cold War — Turning Up the Heat
• Direction in a Lifestyle/Practical Information Program: From Spain with Love: with Annie Sibonney — Seafood To Die For
• Direction in a Live Sporting Event: Hockey Night in Canada — Stanley Cup Finals Game 7
• Direction in a News Information Program: the fifth estate — Truth & Lies: The Last Days of Osama bin Laden
• Direction in a Reality/Competition Program: Undercover Boss Canada — FedEx
• Direction in an Animated Program: Producing Parker — How Green is my Parker?
• Original Music for a Non-Fiction Program: Semisweet: Life in Chocolate
• Photography in a Documentary Program: Polar Bears: A Summer Odyssey
• Photography in a Lifestyle or Reality/Competition Program: From Spain with Love: with Annie Sibonney — Basque Country
• Picture Editing in a Documentary Program: When Dreams Take Flight
• Picture Editing in an Information Program: 16 x 9 The Bigger Picture — Getting into Cirque
• Production Design/Art Direction in a Non-Fiction Program: Inventions That Shook The World — 1920's
• Sound in an Information/Documentary Program: Museum Secrets — Inside the Imperial War Museum
• Writing in a Documentary Program: When Dreams Take Flight
• Writing in a Lifestyle or Reality/Competition Program: Survivorman 10 Days — Tiburon Island Desert
• News Information Segment: CBC News The National — Mexico: A Country At War With Itself
• Sports Feature Segment: London 2012 Olympic Games — Opening Essay
• Host/Interviewer in a News Information Program: David Suzuki, The Nature of Things with David Suzuki — Journey to the Disaster Zone — Japan 3/11
• Sports Play-by-Play Announcer: Rod Smith — London 2012 Olympic Games
• Television documentary: CBC Saskatchewan's Geoff Leo — Blind Spot: What Happened to Canada's Aboriginal Fathers?

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Military supply ships $1.5B over budget, watchdog says

Parliamentary Budget Officer Kevin Page has calculated the cost of replacing the military's two Protecteur-class supply ships and come up with a figure 60 per cent higher than what the Harper government had budgeted for the purchase.

In a report released Thursday, the total cost for the supply ship portion of the goverment's much-heralded shipbuilding strategy is calculated at $4.13 billion. Previous government budgeting had pegged the cost of purchasing two or more new supply ships at only $2.6 billion.

Late Wednesday, Public Works officials attempted to blunt the looming criticism of the navy's long-delayed supply ship program by offering reporters a briefing on the program to replace the navy's 45-year-old supply ships.

The shipbuilding bidding process was seen as a model for future procurements when it was unveiled last year. Problems with affordability of the ships could add to the political embarrassment the government suffered over the purchase of new fighter jets.

Page's report underscores the higher cost associated with building ships in Canada, as the government acknowledged, but senior Public Works officials, who spoke on background, insisted the program remains on track to deliver two ships by 2018-19.

Those officials conceded in the briefing that the vessels, which are still being designed, will be reviewed to see if they are affordable and raised the possibility that some capabilities could be scaled back.

Another procurement controversy?

It was Page's stinging criticism of the F-35 stealth fighter that ignited a political controversy which ultimately resulted in the Conservatives' re-examination of the multibillion-dollar program. Page accused National Defence of low-balling the multi-purpose jet's purchase and maintenance costs. That criticism that was backed up by the auditor general.

Background material released Wednesday as part of the briefing shows the government may have learned its accounting lesson. Estimates for the full cycle cost of the new supply ships at $7.1 billion.

Liberal defence critic John McKay dismissed the briefing as recognition that the government's plans will not live up to the political hype.

"They're just trying to head off negative publicity," he said Wednesday.

The shipbuilding plans have been held up as an example of success, but over one year after the framework deal was announced there has been growing concern because no actual construction contracts have been signed and there are questions about the program's ability to deliver the same number of ships as initially promised.

The government trumpeted that 21 combat and seven civilian ships would be built.

But officials acknowledged that the number is up for discussion and it will depend on the capabilities that both the navy and coast guard require.

"It's not really the number of hulls that will define capability, it's each actual ship (and) what each actual ship will contribute to the fleet," said one official.

Officials confirm plan for only two ships

When the government announced it was proceeding with the support ship program, it said it hoped to build two, possibly three vessels. That was quietly dialled back in Wednesday's briefing to a firm two ships.

The supply ships, meant to replace HMCS Preserver and HMCS Protecteur, were first ordered by the Paul Martin government in 2004, but initial proposals by shipyards were deemed too expensive by the Harper government in 2008.

The program was forced to go back to square one with a drastic scaling back of the capabilities the navy wanted for the ships.

Page's report is expected to show that when inflation is factored in, the new less capable ships will cost more than if the better equipped vessels scrapped by the Conservative government in the original plan.

McKay was incredulous.

"If they would have stuck with the original plan, sucked it up, they would be six years ahead of themselves, and navy would already have its ships," he said. "The consequence now is we don't know what we're getting, when we're getting it and how much it's going to cost."

When the budget officer took aim at the F-35, the Conservatives counter-attacked by questioning his numbers and methodology.

Government officials said they haven't seen an advanced copy of Page's latest report, but insisted their own calculations are sound.

The budget officer's report used the existing supply ships and their capabilities as a jumping off point for their analysis and drew on documents at National Defence, the shipbuilding industry as well as a team of experts including naval specialists at the U.S. Government Accountability Office in Washington.

With files from CBC News

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Top court to rule on free speech vs. hate propaganda laws

Bill Whatcott says he is expressing a religious belief in pamphlets condemning homosexual behaviour. (CBC)

The Supreme Court of Canada is set to release a decision Wednesday morning in a Saskatchewan case that has pitted advocates of free speech against laws which curtail hate propaganda.

A Saskatchewan man, Bill Whatcott, distributed pamphlets to households in Regina and Saskatoon in 2001 and 2002 that condemned gay sex as immoral.

Complaints about the pamphlets were taken up by the province's Human Rights Commission and a panel ruled the pamphlets promoted hatred against gays.

That finding was appealed and the case was taken all the way to the Supreme Court of Canada, which heard oral arguments on the case in October 2011.

Whatcott, who engaged in same-sex behaviour prior to a religious conversion, argues the pamphlets simply reflect his religious beliefs.

"The material is blunt and forthright," Whatcott's factum to the court says. "There is no polite way of saying, 'You are going to hell unless you change your behaviour.'"

Whatcott argues the pamphlets are an expression of opinion and free speech is protected by the Charter.

The Saskatchewan Human Rights Commission, in its factum, argues that an identifiable group — homosexuals — were hurt by Whatcott's pamphlets and merited protection.

"Hate expression is restricted for what it does and not what it says," the commission's factum says.

"Limiting the publication of hateful religious beliefs does not interfere with the right to hold beliefs," the commission added.

The Supreme Court decision is expected to be released around 9:45 a.m. ET.

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Retirement savings in Canada — by the numbers

Saving for retirement is a lengthy process and often involves utilizing contributions to both a registered retirement savings plan (RRSP) and a tax-free savings account (TFSA) as well as other types of investment vehicles.

However, statistics show Canadians are saving only four per cent of their disposable income and, despite the billions of dollars invested in RRSPs and TFSAs, have plenty of room to add more to their retirement nest eggs.

CBC News has compiled a number of important figures on retirement and financial planning in Canada. All figures are from Statistics Canada unless otherwise indicated.

Saving with RRSPs...

5,953,370 — number of Canadians who contributed to an RRSP in 2011 (down slightly from 5,956,010 in 2010).

24% — percentage of eligible tax filers who contributed to an RRSP in 2011 (down from 26% in 2010).

$34.4 billion — total RRSP contributions in 2011 (up from $33.9 billion in 2010).

$772.5 billion — total amount Canadians were entitled to contribute to RRSPs as of 2011.

$683.6 billion — total unused RRSP contribution room as of 2011 (accumulating since 1991).

22.7 million — number of Canadians with RRSP contribution room in 2011.

$2,830 — median RRSP contribution in Canada in 2011 (up from $2,790 in 2010).

$4,750 — highest median RRSP contribution in 2011 (Nunavut).

$2,310 — lowest median RRSP contribution in 2011 (Manitoba).

$775 billion — the total value of assets in Canadian RRSPs in 2011 (down from in $782 billion in 2010), according to Investor Economics.

$22,970 — maximum allowable RRSP contribution per person for the 2012 tax year.

$301,478 — amount in an RRSP at age 65 if a person started contributing $2,000 every year from age 25 (assuming five per cent compound annual growth and 1.5 per cent inflation), according to the Fiscal Agents investment calculator.

$158,888 — amount in an RRSP at age 65 if a person started contributing $2,000 every year from age 35 (assuming five per cent compound annual growth and 1.5 per cent inflation), according to Fiscal Agents.

$75,080 — amount in an RRSP at age 65 if a person started contributing $2,000 every year from age 45 (assuming five per cent compound annual growth and 1.5 per cent inflation), according to Fiscal Agents.

...or TFSAs

$73.9 billion — value of tax-free savings accounts in Canada as of June 2012 (up from $54.4 billion the year earlier), according to to data from the consulting firm Investor Economics.

10 million — number of TFSAs in Canada as of June 2012 (up from 8.56 million the year earlier), according to Investor Economics.

$7,400 — average account holding for TFSA as of June 2012 (up from $6,354 the year earlier), according to Investor Economics.

$20,000 — amount Canadians could have put into a TFSA by the start of 2013.

...While managing debt:

164.62% — household debt (including consumer credit, mortgage and loan debt) as percentage of disposable income (as of third quarter of 2012). This means for every $1,000 in after-tax income, Canadian households owed a record $1,646.

14 — years an average 50-year-old Canadian in 2009 could expect to work before retiring.

12.5 — years an average 50-year-old Canadian in 1993 could expect to work before retiring.

78.8/83.3 — average life expectancy at birth of Canadian men and women, respectively, in 2009.

$63,000 — average 2010 income for an elderly family (defined as one in which the major earner is 65 or older).

4% — percentage of personal disposable income Canadians save (as of end of 2011).

20.2% — peak personal savings rate for Canadians to date (achieved in 1982).

Corrections and Clarifications

• An earlier version of this story gave $22,450 as the maximum allowable RRSP contribution per person in 2012. In fact, the maximum contribution for the 2012 tax year is $22,970. Jan. 7, 2012 | 1:35 p.m. ET

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Swiss workplace shooting leaves 3 dead

A longtime employee opened fire at a wood-processing company in central Switzerland on Wednesday, leaving three people dead including the assailant, police said.

A further seven people were wounded, six of them seriously, in the shooting at the premises of Kronospan, in the small town of Menznau, Lucerne criminal police chief Daniel Bussmann said.

Bussmann told a news conference in Menznau that the man was 42 years old, Swiss newspaper Blick reported on its website. Both the suspected shooter and the victims were Swiss.

He said the man arrived at the premises shortly after 9 a.m., drew a pistol and started firing at people. Officials didn't immediately have further details on the weapon or information on how the assailant was killed.

Kronospan Chief Executive Mauro Capozzo said that the suspected assailant had been "with us for more than 10 years -- a quiet man, no other incidents involving him are known."

'State of shock'

According to the local town council, Kronospan has some 450 employees. There was no immediate word on a possible motive; Capozzo said the company hasn't laid anyone off recently.

Gun ownership is widespread in Switzerland, thanks to liberal regulation and a long-standing tradition for men to keep their military rifles after completing compulsory military service.

There are about 46 civillian-owned guns for every 100 people in Switzerland — making it third in per-capita gun ownership behind the U.S. and Yemen, according to the Geneva-based Small Arms Survey.

An estimated 2.3 million firearms are owned by the country's nearly 8 million people. However, the exact number is unknown because Switzerland does not have a national gun registry.

A 2011 referendum to tighten controls failed.

Past gun crimes

Despite the high ownership rate, gun crime is relatively rare, with just 24 gun killings in 2009, which works out to a rate of about 0.3 per 100,000 inhabitants. The U.S. rate that year was about 11 times higher.

A 33-year-old gunman opened fire on Jan. 3, killing three women and wounded two men in a southern Swiss village of Dallion.

Police then shot and wounded the suspect when he threatened to turn the gun on them, according to the BBC. The man was then arrested.

In 2001, Freidrich Leibacher walked into the parliament of the Swiss canton of Zug disguised as a police officer, armed with multiple guns.

Leibacher, who had grievances with local authorities, opened fire on the assmebly, killing 14 people and injuring 18 others before turning the gun on himself.

With files from CBC News

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Ontario storm makes for messy morning commute

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The Greater Toronto Area is being hit with a mix of snow and rain, creating a sloppy mess throughout the region for Wednesday's morning commute.

A storm that began Tuesday night brought a mix of rain, heavy wet snow and freezing rain to much of southern and eastern Ontario.

A Toronto snowfall warning was lifted on Wednesday morning but remains in place for areas to the outside of the city, including Halton-Peel, York-Durham and Dufferin-Innisfil, Environment Canada said.

"We had a real mixture of wet snow [and] rain between 10 p.m. and about midnight," said Environment Canada meteorologist Geoff Coulson on Wednesday.

"The snowfall warning has been ended for the city itself but it does remain in place for areas to the north. In terms of total accumulations, there's about four to five centimetres in the downtown core, higher amounts outside toward Pearson airport," he said.

"There may only be about 10 centimetres on the ground in some areas but it's very heavy stuff."

Windsor had 11 centimetres of snow by Wednesday morning, and about 20 centimetres was possible for Ottawa as the storm moves east.

CBC reporter Linda Ward reported messy conditions on downtown Toronto streets.

"It's a slushy mess for pedestrians and motorists on roads and sidewalks," she said. "For most areas in the downtown core, the snow has turned to rain and that's creating flooding."

With the slush clogging some street drains, flooding was reported on the Queensway, the Bayview-Bloor ramp and the Jameson Avenue ramp onto the westbound Gardiner Expressway.

The wet snow made a mess of roads but a CBC viewer sent this picturesque image to CBC Toronto via Twitter. (Submitted)

There were also reports of trees toppled by the heavy snow.

About 3,500 homes in the GTA were without power. There were more outages reported north of the city.

Despite the wet conditions, police were not reporting a major increase in collisions on the highways. OPP Sgt. Dave Woodford said people seem to be listening to the advice of police and are slowing down.

"I was out at 4:30 this morning and there was a lot more traffic than you'd normally see, so people were getting out early and taking their time getting where they're going," said Woodword. He said there were some collisions but "nowhere near the numbers that we saw in the last heavy snowfall a couple of weeks ago."

Woodford said drivers need to remain vigilant and slow down, especially when traffic becomes lighter later in the morning.

Flight cancellations, travel alerts

The weather led to the cancellation of dozens of flights at Toronto's Pearson International Airport.

The departure board was showing at least 106 cancelled flights through the late morning and at least 80 cancelled arrivals. Most of the affected flights are to and from U.S. destinations coping with heavy, wet snow that has clogged roads and airports and been blamed for at least three deaths.

Porter Airlines issued a travel advisory for flights out of the Toronto island Billy Bishop Airport, Chicago and Windsor.

Both airlines are recommending travellers check their flight status before heading to the airport.

With files from The Canadian Press

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Pope tells final audience of 'joy and light' during papacy

Pope Benedict XVI told about 150,000 people jammed in and around St. Peter's Square at the Vatican on Wednesday for his final general audience that there were times of "joy and light" during his papacy, but also difficult times.

Benedict, who will retire Thursday at 2 p.m. ET to a life of prayer and seclusion, thanked people in Rome and around the world for respecting his decision to become the first pope to step down in almost 600 years.

The Pope said in Italian that he was conscious of the "gravity" of his decision and made it with "profound sincerity of spirit," according to a translation provided by Reuters news agency.

Benedict announced earlier this month that he was stepping aside. He said Wednesday that he was stepping down not for his own good, but for the good of the church.

He recalled that when he was elected Pope on April 19, 2005, he questioned if God truly wanted it. "It's a great burden that you've placed on my shoulders,'" he recalled telling God.

In the eight years since his election, he said, "I have had moments of joy and light, but also moments that haven't been easy … moments of turbulent seas and rough winds."

Speaking later in English, he said, "I will continue to accompany the church with my prayers and ask each of you to pray for me and for the new pope."

General audiences are weekly appointments the Pope kept with the faithful and tourists to teach them about the Catholic faith. In winter, the audiences are generally held indoors, but this event was held outside St. Peter's Basilica to accommodate the 50,000 worshippers who requested tickets. The Vatican estimated the crowd at around 150,000. Official representatives from several countries were in attendance, including leaders of Slovakia and San Marino.

Before and after speaking, the Pope was driven through the square in an open-sided vehicle, amid cheering worshippers who waved the flags of their countries and banners saying 'Thank you!' He waved, smiled and blessed several children handed to him by his secretary.

The Pope's official Twitter account also sent out a message on Wednesday: "If only everyone could experience the joy of being Christian, being loved by God who gave his Son for us!"

Emeritus pope to be 'hidden from the world'

The 85-year-old will be known as emeritus pope and will keep the title of His Holiness in retirement. Benedict has said he will spend his retirement "hidden from the world" as he leads a life of prayer.

Vatican officials have said that the Pope will initially travel by helicopter to his papal summer home of Castel Gandolfo. He will later move to a monastery inside the Vatican.

Next Monday, the College of Cardinals will meet to set a date for the start of the secret vote to pick a successor to lead the world's approximately 1.2 billion Catholics, including around 13 million Canadians.

Three Canadians will be part of the conclave of cardinals who will gather to select the next pope. Vatican spokesman Rev. Thomas Rosica told CBC News that about 70 cardinals have arrived so far.

In all, 115 cardinals under the age of 80 are expected in Rome for the conclave to vote on who should become the next pope; two other eligible cardinals have already said they are not coming, one from Britain and another from Indonesia. Cardinals who are 80 and older can join the college meetings but won't participate in the conclave or vote.

Earlier this week, Benedict gave the cardinals the go-ahead to move up the start date of the conclave — tossing out the traditional 15-day waiting period. But the cardinals won't actually set a date for the conclave until they begin meeting officially Monday.

Cardinal Thomas Collins, the Archbishop of Toronto, told CBC's Heather Hiscox on Tuesday that playing a part in choosing the next pope is an "awesome" responsibility.

Collins, who is in Rome, said that he was "overwhelmed by the majesty of the occasion."

Cardinal Jean-Claude Turcotte, the Archbishop Emeritus of Montreal, and Cardinal Marc Ouellet of Quebec will also be among the senior Catholic clergy on hand to choose the next head of the Roman Catholic Church.

'I came to thank him'

The rank-and-file in the crowd on Wednesday weren't so concerned with the future; they wanted to savour the final moments with the Pope they have known for eight years.

"I came to thank him for the testimony that he has given the church," said Maria Cristina Chiarini, a 52-year-old homemaker who travelled by train early Wednesday from Lugo, near Ravenna, with some 60 members of her parish. "There's nostalgia, human nostalgia, but also comfort, because as a Christian we have hope. The Lord won't leave us without a guide."

CBC's Susan Ormiston said from the square that most people she spoke to respected his decision to step down, with only few expressing disappointment.

Pope Benedict XVI waves to the faithful as he arrived in St Peter's Square. (Alessandro Bianchi/Reuters)

The church "is already moving toward its new leader and old problems," she tweeted.

Rev. Terence Fay, a Jesuit priest and a professor at the Toronto School of Theology, said the address ended Benedict's pontificate on a positive note.

"It opens the way for a new vision, a new pope and a new church," he told CBC News. "The church is alive and well and young. It's only 2,000 years old, and we look forward to when it's 40,000 years old and all our problems are resolved."

Pontiff faced controversies

The pontiff has faced criticism over the church's handling of sex abuse scandals and its inability to stem the decline in membership.

The resignation of British Cardinal Keith O'Brien on Feb. 24 over allegations of inappropriate behaviour is the latest scandal facing the Catholic Church in the run-up to the election of the next pope.

Retired Los Angeles Cardinal Roger Mahony, the object of a grassroots campaign in the U.S. to persuade him to recuse himself for having covered up for sexually abusive priests, will be among the 115 cardinals voting on who the next pope should be.

However, supporters of Benedict defend his record, citing his willingness to improve relations with religious leaders of other faiths and his proficiency as an academic theologian.

"If you read the Italian papers, one would think that the ship has sunk," Rosica said. "And this morning we see that the ship is sailing and the Lord is with us in the boat."

Rosica said the pope matters to everybody, including non-Catholics.

"When the pope speaks, the world listens," he said. "He models for us the essence, what the best is, of humanity, the seeking of justice and peace, a reconciler, a healer."

With files from The Associated Press

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Don Murray: Fractious Italy votes to send in the clowns

There are no second acts in American life, a famous writer once said. Probably not true. And certainly not true in the case of Italy.

Italians, and much of Europe, were wondering whether, in political terms, they might actually be in for a fourth act, in the resurrection of Silvio Berlusconi, a man who more than once has compared himself to Jesus Christ.

Three times in the last 20 years Berlusconi has been installed in the Palazzo Chigi, the residence of the Italian prime minister. Eighteen months ago he was forced out by Italy's disastrously worsening economic conditions.

A European technocrat, Mario Monti, was called in to replace him — to a huge sigh of relief in Europe's financial capitals — and to clean up the government's finances. But the man was dour and his austerity medicine harsh.

So Berlusconi bided his time, and then engineered the defeat of Monti's government and early elections. It was to be the cue for another, improbable, political comeback.

And, lo, from the political grave Berlusconi rose again. Or rather he managed to half-rise.

Berlusconi's centre-right coalition looks to have gained a plurality but not a majority in Italy's upper house, the Senate, while a boring, bald man — Pier Luigi Bersani, a former communist who had voted for many of Monti's austerity measures — led a centre-left party to the most votes in Italy's lower house and a solid lead there. (Italy's constitution awards a bonus of 50 extra seats to the winning coalition in the lower house to help it in forming a government.)

The man who might be premier: centre-left leader Pier Luigi Bersani, who was hoping to control both houses of parliament with former prime minister Mario Monti's help. (Remo Casilli / Reuters)

But like Berlusconi, Bersani — quite possibly the next resident of the Palazzo Chigi — isn't the real story of the election.

That title belongs to a foul-mouthed, anti-establishment comedian named Beppe Grillo whose Five Star Movement rose from nowhere to confound all the pundits.

Almost complete results give his movement almost 25 per cent of the vote, just behind Berlusconi's right-wing coalition in the lower house, and enough to be kingmaker if no party can gain a majority in the upper house. (Without control of both houses an Italian government can barely breathe.)

All of which would suggest fiscal Europe's worst nightmare — a government without a mandate in its third largest economy, a parliament that can't function, and a grumpy comic grinning in the confusion.

Bazooka Beppe

All that is certain at the moment is that Beppe Grillo won't be a member of the parliament his movement has just stormed.

That's because he has a criminal record, for manslaughter in 1980, which disqualifies him from sitting.

But that doesn't seem to bother him, and it's not clear how much legislative influence he would have had anyway over a movement he maintains is "people led."

His entire election campaign was based on contempt for politicians, for the businessmen who fund them, for pundits and other Italian journalists, even for the European bosses in Brussels.

They're all, in his eyes, corrupt, beyond redemption.

"Surrender, surrender, surrender!" the 64-year comedian with the long, curling locks shouted at this elite in his final rally in front of tens of thousands of supporters. "You're surrounded. Say you're sorry!"

If they didn't surrender, Grillo offered his own version of the nuclear option — he called for al-Qaeda to bomb Rome to vaporize its corrupt political elite. Failing that, he promised to rip open parliament "like a tin of tuna" after the elections.

Another election?

Such blood-thirsty battle cries clearly touched a chord among Italians. So did his novel, almost revolutionary campaign style.

He refused official subsidies and he also refused to campaign on Italian television (much of it Berlusconi-owned), believing it to be a creature of the corrupt elite he regularly denounces.

Not a bad showing for someone facing charges of having sex with a minor. Silvio Berlusconi's centre-right coalition may yet control Italy's powerful Senate, which would likely lead to another election not far off. (Remo Casilli / Reuters)

Instead he moved around the country in a camper van, living on food and money from supporters and broadcasting his rallies on the web.

Grillo happily calls himself a populist and his manifesto calls for a 30-hour work week, a referendum on whether Italy should stay with the euro, a maximum of two terms in parliament for any MP, and mandatory checks and public revelation of all MPs' wealth.

As the campaign progressed, disdain for this slightly lunatic fringe player turned to fear among other party leaders as Grillo's movement gained more and more support.

Bersani, the former communist, called him a danger to democracy. Berlusconi, watching his position as clown-in-chief being usurped, tried to belittle him.

"Entrusting the state to Grillo," he said, " would be like giving a computer to a three-year-old child." Grillo batted that away with a far more wounding insult, calling Berlusconi a "psycho-dwarf."

But Grillo himself has autocratic tendencies. He had a senior member of his movement expelled when she dared go on Italian television to campaign, in defiance of his directive.

That, and his enflamed rhetoric, has earned him the nickname "Italy's new Duce."

Like the old Duce, Mussolini, when he launched his own movement, Grillo insists for the moment that he's not interested in power, merely in changing the system and improving people's lives.

But how to explain Grillo's astounding rise?

A well-known political commentator offers this analysis: "See how Italy beseeches God to send someone to save her from those barbarous cruelties and outrages; see how eager and willing the country is to follow a banner, if only someone will raise it." This was Nicolo Machiavelli, writing almost five hundred years ago.

At the beginning of the last century, Mussolini raised that banner, as did Berlusconi at the beginning of this one.

Now it appears to be Grillo's turn. And if it leads to gridlock, a falling euro, rising interest rates for Italian bonds and a government unable to function, he just laughs.

"So what if the next government doesn't last long," he says. "The only governments that last are the corrupt ones."

Something was in the air. A huge crowd, in the tens of thousands, attends the final rally of comedian-agitator Beppe Grillo in Rome on Friday. (Max Rossi / Reuters)

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Fatal Via crash could have been avoided, ex-CN supervisor says

A deadly high-speed Via Rail train derailment in Burlington, Ont., one year ago might have been prevented had CN heeded warnings and removed or upgraded an "obsolete" crossover between tracks designed mainly for freight trains at a maximum speed of 24 km/h, a former CN Rail project engineer says.

Three Via locomotive operators were killed and 45 passengers were hurt when Via Rail train No. 92, heading eastbound to Toronto from Niagara, flew off the rails at 108 km/h and smashed into a contracting company's building, rolling the five passenger cars with 72 passengers and five crew aboard.

Immediately after the crash, investigators with the Transportation Safety Board (TSB) set to work trying to determine why three experienced train operators — Ken Simmonds, Peter Snarr and Patrick Robinson — appear to have missed or ignored signals and barrelled along at four times the speed limit through a 24 km/h switch; an action that cost them their lives.

Scott Holmes, who worked at CN for 28 years, was in charge of a 2006 project to build a new passenger track through the Aldershot corridor — one of Canada's busiest — between Hamilton and Burlington. He says the question for investigators should instead be: Why was Via Rail train No. 92 directed through a sharply curved, slow speed crossover that CN seldom uses?

CN ruled out upgrade due to cost: former employee

Scott Holmes, a former CN Rail project supervisor, told CBC News he advised rail officials to change a track crossover that can be used by, but is not designed for commuter trains. (CBC)

"At that speed, that short of a switch … [The Via locomotive crew] were just thrown everywhere," said Holmes, 51, who lives near Simcoe, Ont. "They didn't stand a chance once they hit that switch point. The leads are so short on that, they'd be just like a pinball in there."

Holmes was CN program supervisor for the GO commuter line project when he says he first raised safety concerns about the "obsolete" crossover east of the Aldershot yard that ran between Track 2 and the new Track 3.

CN was building a new third track and upgrading parts of an old freight service track to serve as a high-speed passenger rail line for Via and GO Transit.

Holmes says he warned about potential safety issues in several emails. What's more, Holmes says, he took CN regional chief engineer Manny Loureiro and GO project engineer Daryl Barnett on a field inspection one day, and recommended the switch be removed or upgraded to a high-speed crossover.

"Passenger trains, by definition, shouldn't be going less than 15 mph (24 km/h)," Holmes said.

He says Barnett told him there was no money for the upgrade given the cross over switches were so seldom used, "so they were just left in."

Holmes said it was not the only cost-cutting CN was concerned with during the 2006 passenger line construction. CBC News has obtained emails that show CN recycled some of the track and reinstalled many "previously worn" materials used on the passenger rail expansion.

When asked by CBC News about the crossover in question, Barnett, now with GO Transit, said: "I'm a pretty honest guy and I don't have any recollection of any discussion of any dispute about any infrastructure.

"At the end of the day, there's nothing wrong with the turnouts there. It was already there," Barnett said when asked why the old slow-speed crossover was left in place.

Barnett added it would be needed by freight trains trying to get into the nearby Aldershot yard.

When contacted by CBC News, Loureiro directed questions to a CN spokesman and hung up.

CN spokesman Mark Hallman wrote in an email: "It is CN's position that the 15-mph maximum authorized speed for that crossover was conveyed to the Via Rail crew in the locomotive cab by signal indication, and that the crew should have responded accordingly and reduced speed to 15 mph.

"Any suggestion that CN puts costs ahead of safety with regard to its rail infrastructure is totally false and irresponsible."

CN says former supervisor was fired, accused of fraud

Three rail workers, including two Via locomotive engineers, were killed in the crash. (Matthew Sherwood/Reuters)

Hallman also pointed out that "CN is engaged in litigation with former CN employee Scott Holmes, whose employment the Company terminated for cause after an investigation into alleged fraud against CN."

Holmes acknowledges he and his family have been embroiled in a multi-year legal battle with CN, in which the company — and its private police force — have seized his computers and frozen his assets.

But Holmes insists safety is his primary concern.

"I have an axe to grind with certain people over their conduct with my family and friends. But as far as an axe to grind on a safety issue, there's no axe to grind for safety," Holmes told CBC News.

He's still concerned, he said, because the slow-speed crossovers remains in place.

"You gotta realize there's a real camaraderie out there among [rail] people," said Holmes. "[There's been a] loss of three great conductors and engineers. There's lots of other guys, that I know well, that are still travelling over this area. It could happen again. Why couldn't it happen again?"

Rail watchdog questions lack of upgrade

David Jeanes, the national president of public watchdog Transport Action Canada, says there are many things that are not known about the causes of the Via derailment.

"We don't know why the three experienced locomotive engineers did not slow down. Did they not see the signal? Was there some technical malfunction? They didn't even apply the brakes before they reached the low-speed crossover, and we need to know why that happened."

Jeanes said they likely thought they had a fairly clear run into Toronto or at least to the next station.

"The crossover at that location near Burlington is not one that is normally used by passenger trains so it's unlikely that, unless they've been informed about it either by radio or by the signals, that they would've been expecting to make that change at lower speed on to another line," he added.

Via Rail says of the last 2,100 trips through that corridor, its passenger trains have only used that switch 13 times. "Well there are many main lines on Canada's rail network that have slow speed sidings and slow-speed crossovers," Jeanes said.

"We've had serious accidents from time to time that have occurred at those crossovers … but you cannot eliminate all of the low-speed crossovers or sidings. It would just cost too much money," Jeanes said, adding there have been other major crashes in Ontario and Quebec.

"The question here is on this particular track, which is one of the busiest passenger rail corridors in Canada, would it not have made more sense to do that [replace the crossover]?"

Last April, less than two months after the incident, the TSB issued a Rail Safety Advisory saying, "given the serious consequences of a passenger train derailment, Transport Canada might wish to review the operating procedures and situations when higher-speed passenger trains were routed through slower speed crossovers."

Yesterday, Ottawa announced Via Rail will install in-cab recorders on its locomotives, something the TSB has been calling for since 2003.

In another development, the TSB issued an update on its investigation into the Train 92 tragedy, saying they have completed a preliminary report that is not available to the public.

The TSB concludes the train was travelling more than four times the authorized speed limit for that crossover. Otherwise, the TSB said, Via's locomotive and passenger cars were well maintained.

Investigators have also concluded CN's track structure and the No. 5 crossover were in good condition and did not play a role.

The TSB is focusing its investigation on "the operation of the train, the operation of the signals and the crashworthiness of the rolling stock."

Any tips on this story please send to john.nicol@cbc.ca and dave.seglins@cbc.ca

With files from Brigitte Noël, Jeremy McDonald and Charlsie Agro

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Synthetic pot widely available amid legal grey area

The sale of herbal incense that may give a high similar to marijuana remains in a regulatory void in Canada, despite a crackdown on similar substances south of the border.

A CBC News investigation has found that the product is available to buy in stores from St. John's to Vancouver.

Packages of the herbal incense contain explicit health warnings that it is not for human consumption.

Federal agents from the DEA remove sacks from a warehouse in Tampa on July 25, 2012. Agents were raiding several properties as part of an operation targeting people making synthetic marijuana. (AP Photo/The Tampa Bay Times)

But undercover CBC reporters found stores where staff suggested it is meant to be smoked.

Herbal incense is sold in foil packages at prices ranging from roughly $12 and $16 a gram.

It goes under brand names like Happy Shaman, K2 Grape Xtreme, Project 420, Fusion Atomic Green and Kick Ass White Rabbit.

Similar products in the United States have faced legislative action, with the vast majority of states taking action to ban them.

And last July, the U.S. Drug Enforcement Administration carried out Operation Log Jam, with law enforcement officers in 109 cities taking part and more than 90 arrests made.

A total of 4.8 million packages of synthetic cannabinoids, and the chemicals to make 13.6 million more, were seized. So was $36 million US in cash.

Police reaction in Canada

Police in this country have not been on the same page when it comes to products claiming to be an alternative to marijuana.

Calgary police carried out a series of raids in 2011, but the Alberta Crown office said it did not appear that any charges or conviction resulted.

And today, different police forces are taking different stands about whether the product is, in fact, legal.

The Winnipeg Police Service initially told CBC News that synthetic marijuana is not a controlled substance.

The Zap'r herbal incense blend has this label on the back of the package. (CBC)

Now, in the wake of CBC inquiries, the force says it is concerned, is not sure about the legal status, and will look into it.

Police in Windsor, Ont., along with two other police services in that province, are starting a crackdown on convenience stores this week.

Windsor Police Insp. John McQuire says the force's drug unit has sent away samples to Health Canada, which have tested positive for synthetic cannabinoid.

"It's illegal to have or to sell," McQuire said.

The package tested in Windsor carried the brand name "The Izms."

But The Izms chief executive Adam Wookey told CBC News his product is completely legal.

"The claim that it's legal is based on its ingredients," Wookey said.

"The active ingredients are synthetic cannibinoids that have no similar structure to THC. Because of that, they are not considered to be similar synthetic preparation and, therefore, not illegal. The problem with basing laws on pharmacological effect is that it's extremely dubious."

Wookey said that based on pharmacological effect, coffee and cocaine would be "similar."

"It would open the door to vitamins and things we use … in everyday life. If you started regulating stimulants ... it would open the door for a range of stimulants to be illegal."

Legal grey area

In Canada, products claiming to be marijuana alternatives seem to exist in a legal grey area.

According to the RCMP's Sgt. Ken Cornell, not all synthetic cannabinoids have been declared by Health Canada in schedule II of the Controlled Drugs and Substances Act (CDSA).

Although they may have a similar chemical structure and make-up, he notes, pharmacologically they react very differently in the body.

This herbal incense was bought in Newfoundland within the past month. (CBC)

"This is likely where importers/users are trying to argue that their substances are unregulated," Cornell said in an emailed statement.

He works as national chemical diversion co-ordinator with the RCMP's drug branch, federal and international operations.

"Also confusion may come into play with police departments or detachments that are aware of some of the typical synthetic cannabinoids being declared and others not."

Health Canada says smoking synthetic cannabinoids can result in symptoms that range from seizures to hallucinations to acute psychosis.

Proponents of the product — also known as "spice," or K2 — stress that it is legal.

But Health Canada considers it a controlled substance if it gives the same effect as marijuana.

Big issue south of the border

The issue with similar products is much better known in the United States.

According to the Drug Abuse Warning Network, 11,406 Americans went to the emergency room with side effects from synthetic marijuana in 2010.

Earlier this month, the U.S. Centers for Disease Control issued a warning after finding that 16 synthetic marijuana users in six states suffered acute kidney injuries last year.

"Public health practitioners, poison center staff members, and clinicians should be aware of the potential for renal or other unusual toxicities in users of [these] products," the CDC report noted.

Karen Dobner's son Max died in a car crash after smoking synthetic marijuana. The Illinois woman has since started a foundation in Max's name, and lobbied the state government to bring in tough new legislation. (CBC)

For Karen Dobner, synthetic marijuana has had a more personal impact.

The Illinois woman's teenage son Max died in 2011 after smoking it.

Just a half-hour before Max's death, he called his older brother to tell him his heart was pounding, and he was freaking out.

But Max got in the car and started driving "like a maniac" though town, Dobner recalls.

'They think that just because it is sold in stores it is safe.'—Parent Karen Dobner

The car reached speeds of up to 160 kilometres an hour before coming to the end of a road. Max didn't brake. The car flew more than 25 metres through the air before crashing into a house, causing $100,000 US worth of damage. Max died almost instantly.

Her son "was one of those kids that never got into any trouble," Dobner told CBC News.

"When I found out he went to the mall and was talked into purchasing this product by the store owner, I immediately jumped into action. I thought, 'How could they be selling something so dangerous?'"

Dobner started a foundation in her son's name. She began lobbying the Illinois state government to bring in rules that she says are now the toughest in the country.

"They're not usually the kids that are getting into trouble. They are using synthetic marijuana because they don't want to get in trouble. Those kids, they think that just because it is sold in stores it is safe."

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Bride-to-be beaten at Vancouver bachelorette party

The Vancouver Police Department is investigating a weekend attack allegedly involving a Yaletown bar's staff member that sent a bride-to-be to the hospital with cuts and bruises on her body and gash to her forehead.

Sgt. Randy Fincham said police were called to Bar None Nightclub, in the 1200 block of Hamilton Street, at around 11:45 p.m. PT, where they found a 29-year-old Mission woman outside, with cuts on her leg and head.

1200 block Hamilton Street, Vancouver

Fincham said in a release Monday that police believe the woman was involved in an altercation with two different groups of people inside the bar.

"We do know that there was another group involved, other than the victim and bar staff," Fincham said.

"It is important that these people come forward and tell their side of the story."

Fincham said police are working to identify the people involved in the attack and will be reviewing security camera footage to establish what exactly went on inside the club.

Paul Stoilen, of the Donnelly Group, said the management of Bar None is aware of the incident and are treating it "very seriously."

In a written statement, Stoilen said police had already reviewed the security footage and found no cause for charges to be laid.

Alysha Thompson shared these photos of her injuries on Facebook. (Facebook)

"The police were called immediately and arrived on scene shortly after the altercation occurred. They have reviewed footage from the evening and have decided that no charges should be laid against either party. Our patrons' safety is our first priority and we are continuing to review this issue with staff who were present that evening," Stoilen said.

A photo of the bride-to-be's injuries that was posted online following the incident was shared on Facebook more than 3,400 times by Monday afternoon.

The woman, Alysha Thompson, also posted a statement to Facebook describing what she remembers from her bachelorette party, which was being held three weeks before her wedding day.

Thompson said she had no interaction with her attacker before being grabbed from behind, thrown across a table, and beaten.

She said she suffered a concussion, bruises and cuts including a deep gash across her forehead. She said a bouncer then literally dragged her out, as blood gushed from her forehead.

The Vancouver Police Department says no charges have been laid and the investigation is ongoing.

With files from the CBC's Stephanie Mercier

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Egypt hot air balloon crash death toll rises to 19

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A hot air balloon flying over Egypt's ancient city of Luxor caught fire and crashed into a sugar cane field on Tuesday, killing 19 foreign tourists, heath officials said.

Initial reports said 18 foreigners were killed, but the toll rose after tour operator Thomas Cook confirmed a British tourist had died in hospital.

Another British tourist and the balloon's Egyptian pilot are the only survivors. State radio reported the Egyptian has severe burns on his body.

Rescue workers prepare to remove a body from the scene of the crash. (Hagag Salama/Associated Press)

It was one of the worst accidents involving tourists in Egypt and could push the key country's tourism industry deeper into recession.

The casualties included French, British, Belgian, Hungarian and Japanese nationals, as well as nine tourists from Hong Kong, Luxor Governor Ezzat Saad told reporters.

Three survivors of the crash — two British tourists and one Egyptian — were taken to a local hospital. Tour operator Thomas Cook confirmed that two British nationals were among the dead.

"I heard a loud explosion and saw smoke," photographer Christopher Michel said on Twitter. Michel was on a similar balloon tour in the Luxor area, and posted photos from takeoff and his flight.

According to the Egyptian security official, the balloon carrying at least 20 tourists was flying over Luxor on an early morning excursion when it caught fire and plunged at least 300 metres from the sky.

It crashed into a sugar cane field outside al-Dhabaa village just west of Luxor, 510 kilometres south of Cairo, said the official, speaking on condition of anonymity because he was not authorized to talk to the media.

"The representative of the companies that offer these rides said he believed there was a gas explosion on board, which led to the collapse and crash of the balloon," CBC's Nahlah Ayed said.

An official with the state prosecutor's office said initial findings show that the accident occurred when the pilot's landing cable was caught around a helium tube. He spoke anonymously because the investigation is ongoing.

Bodies of the dead tourists were scattered across the field around the remnants of the balloon. An Associated Press reporter at the crash site counted eight bodies as they were put into body bags and taken away. The security official said all 18 bodies have been recovered.

A spokeswoman for Canada's Department of Foreign Affairs said the Canadian embassy in Cairo has confirmed with local authorities that no Canadians were affected by the Luxor balloon crash.

"Our thoughts are with the families and friends of those involved in a hot air balloon crash in Egypt," DFAIT spokeswoman Amanda Reid said in an emailed statement.

Initial death toll revised

The security official said foul play has been ruled out. He also said initial reports of 19 dead were revised to 18 as confusion is common in the aftermath of such accidents.

Christopher Michel, a photographer, took photos of the launch site in Luxor before the crash. (Photo courtesy of Christopher Michel)

In Hong Kong, a travel agency said nine of the tourists that were aboard the balloon were natives of the semiautonomous Chinese city. It did not say whether all nine were killed. The information was posted on the agency's website.

The head of Japan Travel Bureau's Egypt branch, Atsushi Imaeda, confirmed that four Japanese died in the crash. He said two were a couple in their 60s from Tokyo. Details on the other two were not immediately available.

In Paris, a diplomatic official said French tourists were among those involved in the accident, but would give no details on how many, or whether French citizens were among those killed.

Speaking on condition of anonymity because he wasn't authorized to be publicly named according to government policy, the official said French authorities were working with their Egyptian counterparts to clarify what happened. French media reports said two French tourists were among the dead but the official wouldn't confirm that.

Officials grounded all hot air balloon flights around the ancient sites indefinitely after the crash.

Hot air ballooning, usually at sunrise over the famed Karnak and Luxor temples as well as the Valley of the Kings, is a popular pastime for tourists visiting Luxor.

The site of the accident has seen past crashes. In 2009, 16 tourists were injured when their balloon struck a cellphone transmission tower. A year earlier, seven tourists were injured in a similar crash.

Egypt's tourism industry has been decimated since the 18-day uprising in 2011 against autocrat leader Hosni Mubarak and the political turmoil that followed and continues to this day.

Luxor's hotels are currently about 25 per cent full in what is supposed to be the peak of the winter season.

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Major grocers sell canned fish years past shelf life

A woman who bought lobster pâté at a Wal-Mart recently and felt ill after eating it said she was shocked to find the can should have been pulled from circulation more than a year ago.

"It was scary. Very frightening," said Margaret Radomski, 78, of Leduc, Alta. "So, then I thought, how did this get on the shelf? There is something wrong here."

Radomski said the Clover Leaf pâté smelled and tasted too fishy. A few hours after eating it, she said she felt odd.

"I started to see stars in my eyes … a crawling sensation on my face," she said. "I got weak in my legs."

Radomski is convinced it was the pâté that made her feel sick, because she said she is normally healthy and has no allergies.

She checked the bottom of the can and found it had a "best before" date of July 2011 — a year and a half before she bought it.

Long past shelf life

This can of pâté recently purchased by Radomski should have been pulled from the shelf in July 2011. (CBC)

"I would have never bought this can of lobster pâté if I had seen the date on it … because I'm usually pretty careful about that," said Radomski.

"I feel insecure now. When I go to the store, I've got to study more of what I am buying."

Radomski said she refused Wal-Mart's offer of $50 compensation and decided instead to go public to warn others.

Wal-Mart spokeswoman Felicia Fefer said the company's policy is not to sell any products past their best before date..

"We take this issue very seriously," she said. "We regret this incident, and remain committed to ensuring outdated products are removed from our shelves."

Not an isolated case

Walmart said it regrets what happened and its policy is to not sell any products past their best before date. (CBC)

Go Public visited 17 major grocery stores in the Vancouver area and found one-third had outdated cans of fish and seafood on their shelves.

Old cans of tuna and shrimp, stamped "best before" 2010 to 2012, were found mixed in with new ones, which were stamped with best before dates as late as 2015.

"When Clover Leaf is notified that product is on a store shelf that is past its best before date we will send an employee to that store to co-ordinate that product's removal," said Peter Clarke, the company's marketing director.

Manufacturers say canned tuna and seafood has an approximate shelf life of three years after packing, before the best before date kicks in.

After that, manufacturers say the taste, texture and nutritional value deteriorates. Unless the can is damaged, Clarke said it is still safe to eat, indefinitely.

"This has nothing to do with product safety in any way. We do this because consumers do not wish to purchase product that has passed its best before date … best before does not imply bad after."

The store where Go Public found the most outdated products was Safeway. Three locations were selling canned tuna and shrimp between one and three years out of date.

Stores respond

"We are very disappointed with your findings and are taking this issue very seriously," said Safeway public affairs manager Betty Kellsey.

Go Public found outdated cans of fish and seafood in five Vancouver area grocery chain stores. (CBC)

One Safeway in Coquitlam, B.C., had canned shrimp from Indonesia, with a shelf life that ended in August 2010.

"Our stores conduct rotating weekly date checks," wrote Kellsey. "Products that are nearing the best before dates are pulled from the shelf and discarded.

"Your investigation has identified opportunities for improvement."

Go Public also found outdated cans at one Thrifty's and one Price Smart, which are owned by major grocery chains. Both said outdated food is not supposed to be sold.

"It is pulled and sent back to the vendor or recycled or discarded," said Thrifty's communications manager Erin Kelly. "If a consumer finds it, they can bring it back for a full refund."

A statement from Overwaitea, which owns Price Smart, said: "The last date of sale for a best before date of tomorrow is end of day today. Tomorrow morning we remove all products with that date."

No rules on outdated goods

Cans of imported shrimp dated best before August 2010 were found on a Safeway store shelf in Coquitlam, B.C. (CBC)

In Canada, there are no government rules against selling outdated canned goods. Most manufacturers stamp best before dates on cans voluntarily, however, some dates are embedded in a code that consumers can't decipher.

Food safety experts say there is no proof eating canned fish or seafood after the best before date has passed will make anyone sick. However, they say there are no independent studies proving it won't.

"There is not enough data, so it's hard to judge," said University of B.C. professor of food engineering Siyun Wang. "It certainly is not good to have food past the best by date in terms of the quality."

"There can be BPA [Bisphenol A] in containers, particularly from imported canned fish," said Xiaonan Lu, another UBC expert. Canada has declared BPA a toxic substance.

Consumer group urges diligence

After being contacted by Go Public, the Consumers' Association of Canada also checked seven major stores in various cities and found outdated canned fish in every one.

"One of the stores in particular had stuff five years out of date, so how long had that been in the can?" said president Bruce Cran.

Safeway has initiated a Canada-wide audit of all canned fish, seafood and meat on store shelves, as a result of Go Public's findings. (CBC)

Because grocers have to absorb the cost of pulling old product and getting rid of it, he said there is little financial incentive for stores to be more diligent.

"If they are doing a weekly check, then how come some of this stuff is years out of date?" said Cran. "Some of what the stores are telling us doesn't make any sense.

"The big message for consumers here is to check the dates on the back of the can. That's what the dates are there for, even if we can't figure out why."

As a result of Go Public inquiries, Safeway is undertaking a national audit.

"We are very concerned about this situation. As a result, we have immediately initiated an audit of the best before dates of all of our canned meat and fish inventory across our Canadian operations."

Submit your story ideas to Kathy Tomlinson at Go Public

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Grieving mom fights Ottawa over lawsuit for slain daughter

Lawyers for the federal government say the family of a B.C. woman, who died after RCMP failed to investigate the gunshots that killed her, can't sue the government because the victim lost her rights when she died.

Rosemary Surakka, mother of shooting victim Lisa Dudley, filed the lawsuit in 2011, alleging the B.C. and federal governments — in their responsibility for the RCMP — failed to uphold rights of her daughter under Section 7 of the Charter of Rights and Freedoms, the section that guarantees the right to life, liberty and security of the person.

Lisa Dudley sat paralyzed in her house with a gunshot wound for four days before she died. (Family photo)

Dudley, 37, and her boyfriend Guthrie McKay, 33, were gunned down in their home in Mission in 2008.

Although the RCMP was called to the scene by a neighbour who heard the gunshots, the officer never got out of his car or knocked on a single door, reporting later that everything looked normal in the area.

McKay was killed instantly, but Dudley was paralyzed, and survived four days in the house until a neighbour stumbled on the scene. She died before reaching the hospital.

The officer who failed to investigate the gunshots was later found guilty of disgraceful conduct and docked one-day's pay.

A tearful Surakka told CBC News she filed the lawsuit on behalf of her daughter.

"Well, I have to speak for her. I'm her mom, somebody has to," Surakka said.

'Something terribly wrong'

"What happened that night was so wrong and for those four days she suffered there, it counts for a lot to me what she went through, and I can't just dismiss it and I don't think they should dismiss it either. I think there's something terribly wrong there that needs fixing. For them to say they never speak to 911 callers is ridiculous," Surakka said.

Federal Justice Department lawyers want the case thrown out, arguing that Charter rights are personal, and no one — not even a grieving mother — can seek a remedy for the violation of Charter rights of someone else. They argue any rights Dudley had were extinguished when she died.

The question of whether governments should be held responsible for a death in which they might be involved should be allowed to go to trial, according to constitutional lawyer Andrew Lokan. Lokan is an adjunct professor at Osgoode Hall Law School in Toronto and co-author of a text on constitutional litigation.

Rosemary Surakka, mother of shooting victim Lisa Dudley, can't sue the government because her daughter lost her rights when she died. (CBC)

"You can imagine an extreme case," Lokan says, "If for example, Canada was complicit in the torture of a Canadian, and that person were tortured to near death, they would clearly have a claim worth millions of dollars."

"On the other hand," Lokan adds, "if that person succumbed to their injuries after torture and died, there would be no claim under this theory."

"You get to a point — and I'm not saying we've reached it in this case — but you get to a point where you are tempted to quote Dickens: 'If the law says that, then the law is an ass,'" Lokan said.

Monique Pongracic-Speier, Surakka's lawyer, believes the arguments put forward by the federal government are not only at odds with the intention of the Section 7 rights under the Charter, but also counter to international conventions Canada has signed.

"The fact that Lisa Dudley died — we say — due to police inaction and action is not just a wrong to her," Pongracic-Speier said. "It's a wrong to Canada as a whole."

Justice Department officials did not return CBC News calls on the case.

Surakka said she is appalled by the government's strategy.

"It's so clear, everything that needs to be done, and they don't want to do it. They won't do it. They won't even hear of it."

Surakka's lawyer will argue against the government's attempt to dismiss the lawsuit in a two-day B.C. Supreme Court hearing Vancouver, starting Wednesday.

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