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Since it is difficult to tell where an Internet phone call is coming from in an emergency, Comwave Inc. keeps two addresses on file for its customers, one for billing and another for emergencies. When a customer dials 911 from an Internet phone, their call goes to the company's call centre first, and is then relayed to 911 dispatchers under an arrangement the CRTC allowed in 2005. If the caller can't give their location, the call centre sends the emergency address on file to 911 dispatchers in the appropriate city.

The death of 18-month-old Elijah Luck this year called this system into question. The baby died after an ambulance was dispatched to the family's old address in Mississauga, Ont., three provinces away from where it was needed in Calgary. Comwave maintains the family did not update their 911 address after moving. The Luck family says they did not know about the second address, and were not told it needed updating when they informed Comwave of their move to Calgary.

Comwave has since changed their system.

Below is the Luck family's last Comwave bill before the death occurred, showing the Calgary address Comwave used for billing (the street name has been removed). Also displayed is a sample copy of the new Comwave bill, which alerts consumers to both addresses if there is a discrepancy. The Luck family believes this change could have prevented their tragedy, since they would have known there was a problem if the Mississauga address appeared on their bill.

The redacted report on Elijah Luck's death

Following the death of Elijah Luck, the Canadian Radio-television and Telecommunications Commission ordered Comwave Inc. to file a report on the incident. Key sections have been blacked out by the regulator, at the request of the company which argued publishing the details could harm its business and threaten customer privacy.

The Luck family said it did not ask for the report to be blacked out.

According to Comwave, the second last section of the report under the heading, "Account History of the Luck Family," reads:

"On October 26, 2005 [the Luck family]  bought the phone in Toronto. On May 3, 2006, Mr. Luck placed a telephone call to the Comwave customer service department requesting an address change to ... Calgary. During that call, Mr. Luck was advised to update the family's 911 address by the operator. Then again, on March 30, the customer again called Comwave's customer service department and requested a further address change to another Calgary address. Once again, Mr. Luck was advised to update the family's 911 address."

The Luck family says it was never advised about another address, beyond their billing address. They note it was Ms. Luck who called to inform Comwave of the move, not Mr. Luck.

The Comwave e-mails

CRTC e-mails obtained under access to information laws for the week following Elijah Luck's death indicate how the regulator began investigating the case. The CRTC was unsure what requirements it had set out for Comwave in 2005, and whether the company had lived up to them.

On May 6, James Ndirangu, who handles 911 issues for the CRTC, alerts a colleague that they are "investigating the tragic VOIP 9-1-1 incident in Calgary" and needs to see what the regulator required Comwave to tell its customers about potential risks back when it approved the service. The response, from Al Symons, indicates the CRTC had problems with the company's filings.

On May 6, CRTC officials began arranging a meeting with chairman Konrad von Finckenstein to discuss the death of Elijah Luck. John Traversy, executive director of the telecom division asks for a comparison of Canada's regulations to the U.S. and notes "legal assistance will be required" at the meeting.

On May 8, a person whose name has been redacted e-mails Mr. Ndirangu after the regulator starts facing criticism over its handling of the Internet phone industry. The sender suggests it is well known that Internet phone companies aren't following the rules set out for them. "It goes to show how non-compliant these entities can be."