Criminal Charges In The Elliot Lake Mall Collapse

Earlier this week the police laid criminal charges against the engineer who inspected the Algo Mall in Elliot Lake just weeks before it collapsed killing two women. This follows closely on the Ontario Court of Appeal's recent decision on the famous Metron case. Just before Christmas of 2009 three workers and a site supervisor plunged to their deaths when all of them attempted to descend from the fourteenth floor of a construction site on a swing stage designed for only two. Contrary to Ontario Health and Safety Act (OHSA) Regulations, only one worker was wearing fall arrest. Three of the four workers, including the site supervisor who also died, had recently ingested marijuana.

At trial the corporation pleaded guilty to criminal negligence causing death. Under the Criminal Code, the site supervisor's actions, under the law, were deemed to be the actions of the corporation. He was a 'senior officer' and his actions resulted in the deaths - including his own.