Line Y. Forestier

Appeal of a conviction under the Occupational Health and Safety Act arising from a fatal workplace accident at a steel processing plant.

The defendant was convicted on one count of failing to provide information, instruction and supervision to a worker, and acquitted on two other counts.

The appellate court found that the trial judge erred in failing to consider the worker's negligence in assessing whether the Crown had proven the actus reus beyond a reasonable doubt, and also erred in failing to consider the defence expert's evidence.

The court allowed the appeal and set aside the conviction, finding either that the actus reus had not been established or, alternatively, that the defendant had proven due diligence.

A worker employed by a subcontractor was electrocuted and killed while operating a Hydrovac truck near energized overhead electrical lines on a project for Ottawa Hydro.

The Ministry of Labour charged Ottawa Hydro with five counts under the Occupational Health and Safety Act and Construction Projects Regulation, alleging failures to ensure safe work procedures, designate a competent signaller, establish written procedures, and take reasonable precautions regarding electrical hazards.

The court found Ottawa Hydro guilty on counts one, two, and four, but dismissed count three and stayed count five.

The court determined that despite extensive training and safety protocols, Ottawa Hydro failed to provide adequate on-site supervision and monitoring of the subcontractor's operations in a high-risk electrical environment.