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ARTICLE · 16 JANUARY 2014

WorkSafeBC Safety Investigations Could Compromise Charter Protections

McCarthy Tétrault
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Crown declines to pursue charges relating to deaths in 2012 Burns Lake Sawmill explosion due to WorkSafeBC investigation inadmissibility concerns.

CanadaEmployment and HR
Ryley Mennie
Ryley Mennie
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Crown declines to pursue charges relating to deaths in 2012 Burns Lake Sawmill explosion due to WorkSafeBC investigation inadmissibility concerns.

Media outlets are reporting that the B.C. Criminal Justice Branch is declining to pursue charges against the Burns Lake Sawmill owner following a workplace explosion two years ago that resulted in the deaths of two workers. Crown counsel cited the inadmissibility of significant portions of the investigation report prepared by WorkSafeBC after the incident, based on the likelihood of Charter-rights violations. Crown counsel concluded that certain evidence collected by WorkSafeBC would likely be found inadmissible, and result in the charges being dismissed. Crown counsel's concerns stemmed from the lack of search warrants and the failure to instruct a company official of the right to remain silent when questioned.

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