Canada Labour Code And Employee Safety: Is A Helicopter Medevac Operator Required To Provide Night Vision Goggles?

In the early hours of May 31, 2013, a Sikorsky S 76A helicopter operated by Ornge Air Ambulance crashed shortly after take-off from Moosonee airport (northern Ontario), resulting in the deaths of the two pilots and two paramedics. The Crown brought charges against Ornge under the Canada Labour Code for failing to ensure employee safety, by failing to provide its pilots with night vision goggles ("NVGs"). Ornge denied committing any offence arguing that it had complied with all legal and regulatory requirements and provided for an acceptable level of safety consistent with the standard of care that prevailed in the helicopter aviation industry at the time. The Ontario Court of Justice recently released its decision R.v. 7506406 Canada Inc. (Ornge), 2017 ONCJ 750.