The Federation in its submission to the government outlined a number of examples where workers were either killed or seriously injured but the outcome for the employer was a fine. The examples included the 15 passenger van crash in 2007 in which Sarabjit Kaur Sidhu, 31, Amarjit Kaur Bal, 52, and Sukhwinder Kaur Punia, 46, were killed travelling to work and the remaining 14 farm workers were injured.
By Harinder Mahil
Earlier this week Jim Sinclair, President of the BC Federation of Labour and the families of victims of five tragic workplace accidents met with Minister of Justice and Attorney General Shirley Bond and Minister of Labour Margaret MacDiarmid and urged the provincial government to prosecute negligent employers where their negligence causes death or serious injury.
The Federation in its submission to the government outlined a number of examples where workers were either killed or seriously injured but the outcome for the employer was a fine. The examples included the 15 passenger van crash in 2007 in which Sarabjit Kaur Sidhu, 31, Amarjit Kaur Bal, 52, and Sukhwinder Kaur Punia, 46, were killed travelling to work and the remaining 14 farm workers were injured.
It was later determined that the van was overloaded , had only two seat belts, and wooden benches had replaced the original seats. The van was driven dangerously by the owner, a labour contractor, who did not have a proper driver’s license. The police had recommended 8 charges under the Motor Vehicle Act and 33 criminal charges including 3 counts of criminal negligence causing death. The driver pleaded guilty to 2 charges under the Motor Vehicle Act and the Crown Counsel dropped all remaining charges. The driver was fined $2,000 with one year driving suspension and the employer was fined $69,000 but the fine remains unpaid.
Another example given by the Federation was that of Langley mushroom farm tragedy in 2008 in which five farm workers were exposed to hydrogen sulphide and low oxygen conditions in the confined space of mushroom composting pump house. Three workers died in this preventable accident while two others were left with permanent brain damage.
The Workers Compensation Board recommended 29 charges under the Occupational Health and Safety Regulation. Although initially on the scene, the police did not investigate the accident for possible criminal charges. In 2011, the owners and supervisor pled guilty to 10 and the Crown Counsel dropped the remaining 19 charges and recommended a fine and no jail time. The owner was fined $15,000, the supervisor $10,000 and the farm $200,000. But according to Tracey Phan, whose father died in the accident, the fines haven’t been fully paid by the now-bankrupt farm.
This year marked the 20th anniversary of the Westray coal mine accident in Nova Scotia when 26 miners were killed because of gross corporate safety violations. After the 1992 disaster, the police and provincial government failed to secure a conviction against the company or three of its managers. A public inquiry into the Westray Mine explosion was called in 1992 by Nova Scotia premier Donald Cameron. The inquiry found that there was little safety training at the mine, ventilation was poor and the mine’s methane detectors were often broken.
Justice K. Peter Richard, Commission of the Westray Mine Public Inquiry in his report made over 80 findings and 74 recommendations. One of the recommendations was that the government of Canada should introduce an amendment to legislation to ensure that “corporate executives and directors are held properly accountable for workplace safety.”
This recommendation resulted in passage of Bill C-45 also known as the Westray Bill. It amended a number of sections of the Crimnal Code and established new legal duties for workplace health and safety and provided rules for attributing criminal liability to corporations and their representatives.
In the eight years since these changes to the Criminal Code were proclaimed, over 7,000 workers have died in Canada in industrial accidents. Of these deaths, only few cases have been investigated by police for criminal charges. Of those that have been investigated and criminally charged, only two cases have gone to trial. According to the BC Federation of Labour only one resulted in a conviction and no one has gone to jail.
This is pretty sad state of affairs. Thousands of Canadians are impacted each year when their loved ones die or are seriously injured in industrial accidents. Until criminal negligence is taken seriously, workers will continue to die in preventable industrial accidents. The government must ensure that employers are prosecuted under the Criminal Code when negligence causes death or serious injury to workers.
Harinder Mahil is a human rights activist and is a board member of the Dr. Hari Sharma Foundation.
