Neil Smitheman

Detour Gold Corporation pleaded guilty to criminal negligence causing death following the death of Denis Millette, a 52-year-old millwright who died from acute cyanide intoxication via skin absorption on June 3, 2015.

The death resulted from the corporation's failure to implement proper safety protocols, including inadequate training on cyanide hazards, lack of proper personal protective equipment, absence of standard operating procedures for maintenance work on the InLine Leach Reactor, and failure to ensure emergency personnel were trained to respond to cyanide exposure.

The court imposed a restitution order of $805,333 to the victim's spouse and a monetary fine of $1.4 million, with total financial consequences exceeding $2.5 million.

A trial concerning occupational health and safety violations arising from a serious mining accident at the Cochenour Mine in Red Lake, Ontario on August 4, 2013, where a worker suffered severe injuries when rocks fell onto a Mechanized Raise Climber.

The Crown charged the employer and two supervisors with multiple violations under the Occupational Health and Safety Act and Regulation 854.

The court convicted the corporate defendant on counts relating to failure to provide training, supervision, and job task observations, and convicted the supervisors on counts relating to failure to ensure use of safety equipment and supervision.

The court dismissed charges relating to geology, loading of drill holes with ANFO, and notification of appropriate officials.

An employer was convicted of breaching sections 25(1)(c) and 25(2)(a) of the Occupational Health and Safety Act after a maintenance electrician was injured when a large shipping door fell on him while he was performing electrical checks on the door mechanism.

The employer appealed both convictions, arguing that the worker was merely inspecting rather than performing maintenance work, and that the employer had exercised due diligence through policies and training.

The appellate court dismissed the appeal, finding that the worker's electrical checks constituted work triggering the blocking requirement, that the workers were sent to an unfamiliar area without supervision, and that the employer failed to establish the due diligence defence.