January 4, 2010

Ontario Federation of Labour president calls for criminal investigation into Christmas Eve deaths

An open letter to Ontario Attorney General Chris Bentley from Ontario Federation of Labour president Sid Ryan

Dear Minister Bentley: As the president of the Ontario Federation of Labour, representing over one million workers in Ontario, I am requesting that you launch a criminal investigation into the deaths of four migrant workers who fell to their death on Christmas Eve in Toronto.

A fifth worker is in intensive care with two fractured legs and a broken spine.

The Ministry of Labour is currently investigating the occupational health and safety circumstances that led to the death of these workers.

However, the power to initiate a criminal investigation rests solely with the province's attorney general.

Mr. Attorney General, the number of work-related injuries and fatalities in Ontario has become alarming. In 2008, in Ontario alone, there were 488 fatality claims and 317,031 for work-related injuries and diseases reported to the Workplace Safety and Insurance Board.

We would like to see you take more seriously the provision in the Criminal Code of Canada that gives your office the power to lay criminal charges if an employer causes death or serious harm due to negligence.

This provision was put in place after the death of 26 men when the Westray Coal mine exploded on April 5, 1992 in Pictou County, N.S., so that negligent employers would not get away with workplace deaths.

Corporations and their officers, for the first time, could be punished for failing to protect the health of their employees or the public.

The Criminal Code amendments, brought in by Bill C-45 in 2004, were pushed for by the Canadian Labour Congress, United Steel Workers, and family members of deceased miners. The amendments marked a significant shift in the liabilities of organizations for the failure of their senior officers to act.

The Quebec Attorney General has successfully prosecuted a company for criminal negligence. On March 17, 2008, the Court of Quebec fined Transpave Inc. $110,000 after it pleaded guilty to a charge of criminal negligence causing the death of one of its employees. This is a first in Canada since the Criminal Code was amended by Bill C-45.

Ontario needs a societal change in how we look at death, illness and injury caused by work, and better enforcement of the criminal code.

I am available to meet early in the New Year, to discuss this matter further.

I look forward to your timely reply on this very serious matter.

Sincerely,

Patrick (Sid) Ryan, President

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