P. Brady

Lafarge Canada Inc. pleaded guilty to failing as an employer to ensure that measures and procedures prescribed under section 72 of Ontario Regulation 851 were carried out at its decommissioned cement plant in Zorra Township, Oxford County.

An operational procurement manager died after falling approximately 30 feet from a corroded exterior catwalk that lacked adequate structural integrity and safeguards.

The defendant had a troubling prior record of four workplace deaths and one critical injury since 2003.

The Crown and defence jointly submitted a fine of $400,000 plus costs and surcharges.

The court accepted the joint submission with considerable reluctance, expressing deep concerns about whether the proposed fine would provide sufficient deterrence given the corporation's history of workplace fatalities and the failure to observe obvious safety hazards.

The Crown prosecuted Vale Canada Ltd. and Keith Birnie following workplace deaths.

Vale Canada Ltd. pleaded guilty to three counts under occupational health and safety legislation.

The court imposed a monetary fine of $350,000 per count for a total of $1,050,000, payable within 60 days, with applicable surcharges.

The Crown withdrew remaining charges against Vale Canada Ltd. and all charges against Keith Birnie due to insufficient evidence of reasonable prospect of conviction and public interest considerations.

The sentencing emphasized workplace safety standards, deterrence, and accountability while acknowledging the tragic loss of life.