An appeal by the Ministry of Labour from a provincial offences appeal court decision that reduced sentences imposed on a small furniture warehouse company and two of its directors for Occupational Health and Safety Act violations.
The defendants pleaded guilty to failing to provide fall protection equipment and safety training to an epileptic employee who fell to his death from an elevated order picker.
The sentencing judge imposed a $250,000 fine on the company and 25-day intermittent sentences on the directors.
The appeal judge reduced these to a $50,000 fine and $15,000 fines respectively.
The Court of Appeal dismissed the Crown's appeal, finding that while the appeal judge made errors in principle regarding moral blameworthiness and the rarity of incarceration for regulatory offences, the sentences ultimately imposed were not demonstrably unfit.
The court affirmed that moral blameworthiness is a relevant sentencing consideration for regulatory offences and that incarceration is not per se unavailable for first offenders, but upheld the reduced sentences based on changed circumstances and the principle of restraint.
