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ARTICLE · 08 JULY 2012

OHSA Defendants May Ask Prosecutor For MOL Inspector’s Criminal Record

Dentons Canada LLP
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Companies and individuals charged under the Ontario Occupational Health and Safety Act may ask the prosecutor to provide the Ministry of Labour inspector’s criminal record, an Ontario court has ruled.

CanadaEmployment and HR
Adrian Miedema
Adrian Miedema
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Companies and individuals charged under the Ontario Occupational Health and Safety Act may ask the prosecutor to provide the Ministry of Labour inspector's criminal record, an Ontario court has ruled.

And the prosecutor, when faced with such a request, must carefully consider it.

The case arose out of a grievance filed by the Ontario Public Service Employees' Union after a Ministry of Labour prosecutor provided an inspector's criminal record to a defendant facing Occupational Health and Safety Act charges.  (The Supreme Court of Canada held in 2009 that criminal prosecutors were required to disclose criminal records of police investigators if the record could reasonably impact on the criminal proceedings).  The Ministry of Labour inspector had previously been convicted of assault.  The union filed a policy grievance against the practice of providing inspectors' criminal records to defence counsel, and argued that defence counsel should be required to bring a

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