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ARTICLE · 17 FEBRUARY 2020

Criminal Negligence Causing Death – Employer Gets A Stiff Sentence

In a recent decision[1], the Court of Québec (Criminal and Penal Division) handed down a sentence against C.F.G. Construction Inc.

CanadaEmployment and HR

In a recent decision 1, the Court of Québec (Criminal and Penal Division) handed down a sentence against C.F.G. Construction Inc. The business was found guilty 2 of criminal negligence causing the death of one of its workers pursuant to the provisions of the Criminal Code 3 governing criminal responsibility, a statute better known as "Act C-21" (or "Bill C-45").

FACTS

In September 2012, one of C.F.G. Construction Inc.'s workers died in an accident involving a heavy-duty truck that belonged to the business.

On that day, the worker was instructed to pick up steel scraps and load the cargo container to maximum capacity. The worker died when he lost control of the truck in a curve at the bottom of a sloping forestry road.

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