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LEGAL REPORT: LABOUR & EMPLOYMENT were aware of the situation. That led Crown prosecutor Vincent Martinbeault to charge the company in 2006. While an individual had already been charged under Bill C-45 (Domenico Fantini, a construction su- pervisor in Ontario, was charged with criminal negligence after a workplace fatality, a charge later withdrawn after the 68-year- old pleaded guilty to three violations under the province's Oc- cupational Health and Safety Act and was handed a $50,000 fine), it was the first time a corporation in Canada had been charged and prosecuted with an offence related to a workplace fatality since the Bill C-45 amendments. In addition to replac- ing the term "corpora- tion" with the broader term "organization," which refers to a variety of structures like pub- lic bodies, companies, and/or partnerships — a subtle rewording, Cau- chon explains to Cana- dian Lawyer, that lowered and simplified the liabil- ity threshold for corpora- tions that had protected the owners and operators of the Westray mine in Nova Scotia in the early 1990s from criminal prosecution for the deaths of 26 miners. The legisla- tive changes make organizations criminally liable according to four elements pertaining to the actions or inactions of their se- nior officers, in regards to operational safety in the workplace, and impose a legal duty on those officers to take reasonable measures to protect employees from bodily harm or death. After saying publicly that it intended to fight the charges, a young man, is the message the ruling sends to the business community, which is, if you're responsible for something like this, don't worry, you'll just get a fine." — MARIE-FRANCE VEILLEUX, TEAMSTERS CANADA Ball&Alexander Barristers & Solicitors Excellence in Employment & Labour Law Wrongful Dismissal Labour Relations Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Workers' Compensation Employment Standards Administrative Law 82 Scollard Street, Toronto, Canada, M5R 1G2 Phone: (416) 921-7997 Fax: (416) 921-3662 web: www.staceyball.com www.kenalexander.ca 36 JUNE 2008 www. C ANADIAN Law ye rmag.com "The real shame, besides the death of Transpavé pleaded guilty last December to a charge of criminal negligence causing death. However, after three months of de- liberation, Quebec Court Justice Paul Chevalier accepted a plea bargain that imposed a fine of $110,000 on the company for not protecting L'Écuyer as stipulated under the province's Occu- pational Health and Safety Act. "[Trans- pavé] should have foreseen the risks," Chevalier wrote in his ruling, adding that the company's directors admitted they knew that many of their 100 Covering the widest range of topics … Now includes more than 5,000 cases! Also available on CD-ROM or Internet! Canadian Employment Law Stacey Reginald Ball, of the Ontario, British Columbia and Alberta Bars " … the most comprehensive text on employment law in Canada. It is carefully constructed and accurate." Canadian Bar Review Available in print and electronically, this one-stop reference provides a thorough survey of the law. It clearly analyzes current law and developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Updated regularly, the subject-matter is wide-ranging, all- encompassing, and addresses issues such as: liability issues CL0608 www.canadalawbook.ca Prices subject to change without notice, and to applicable taxes.