Bill C-45 First Conviction

Following the disaster in the Westray Mine the Federal Government amended the Criminal Code to extend criminal liability to corporations for criminal negligence causing bodily harm or death. Bill C-45 also referred to as the "corporate killing law" or the "Westray disaster law" was made law in 2004.

The first conviction under Bill C-45 took place in December 2007 when a Quebec company entered a guilty plea on a charge of criminal negligence causing the death of a 23 year old worker who was crushed to death by a machine that stacks concrete blocks. WCB had earlier directed the company to fix the faulty machine but nothing had been done.

At the sentencing hearing late February 2008, the prosecution and the defence made a joint submission that a fine of $100,000 be imposed. The judge's decision on sentencing will be handed down on March 17, 2008. The case is being watched closely by the labour relations and occupational health and safety communities. I'll have more on this issue after the March 17 decision.