On Sept. 18, Sylvain Fournier, a Quebec based contractor,
was sentenced to 18 months in prison followed by two years of
probation.1 Fournier had been found guilty of
manslaughter under the Criminal Code relating to a workers
death by means of a breach of Quebec safety code. The case is the
first of its kind in Canada and raises serious concerns about the
use of criminal law to enforce provincial regulatory safety
standards.
In April 2012, Fournier and several employees were replacing a
sewer line in an excavation. This required the excavation of a
trench; however, the trench collapsed causing the death of the
worker who was in the trench and serious injury to Fournier. At
trial, Fournier was convicted of Manslaughter and criminal
negligence. The criminal law rule against multiple convictions for
substantially the same offence was invoked to stay this charge and
there was no further sentence imposed on Fournier.
