Families seek answers as charges withdrawn
The Ontario Court of Justice has withdrawn all charges against Stelco following a tragic workplace incident that led to the deaths of two workers at the company’s Lake Erie Works plant.
The sheet metal contractor John Kenyon Ltd., employer of the deceased workers, pleaded guilty to one of four charges originally laid by the Ministry of Labour. The company admitted to failing to take every reasonable precaution to protect a worker and was fined $250,000, plus a 25% victim fine surcharge.
Families express anguish over outcome
According to CBC News, Gabriel Cabral, 32, and Sean MacPherson, 56, suffered severe burns on April 25, 2023, while repairing steel cladding on a quench tower used in the steelmaking process. Both later succumbed to their injuries, with Cabral passing away in May 2023 and MacPherson dying months later in November.
The Ministry of Labour had originally charged both John Kenyon Ltd. and Stelco with multiple violations under the Occupational Health and Safety Act, including failing to provide workers with necessary safety equipment and failing to ensure the presence of an emergency stop device. However, only one charge was pursued in court, leading to frustration and heartbreak for the victims’ families.
Cabral’s mother, Pam Fraser, expressed her shock and disappointment over the Crown’s decision not to take all charges to trial. “I want assurance this is not going to happen to another person or family again,” Fraser told CBC Hamilton. “I am just so angry. My son died in vain.”
Lingering questions
Cabral suffered third and fourth-degree burns to 70% of his body, including his face and lungs. He remained in critical condition at Sunnybrook Hospital in Toronto for three weeks before succumbing to his injuries. Fraser described the harrowing experience of watching her son’s health deteriorate, recalling how doctors informed her that he might lose the tips of his fingers and could become blind.
MacPherson, who endured months of intensive care in the hospital’s burn unit, ultimately passed away in November 2023. His obituary described him as deeply missed by his family and friends.
The Ministry of Labour has declined to comment on why only one charge was pursued in court. Neither Stelco nor John Kenyon Ltd. responded to media inquiries regarding the case.
Fraser, who continues to struggle with the trauma of her son’s death, emphasized that the pain lingers for the families left behind. “The feeling was surreal,” she said in her victim impact statement. “It was over, but the horror of what had happened still remains.”
