Trial begins for supervisor charged in relation to 20-year-old worker's death

Worker was electrocuted after striking an overhead hydro line buried in a hedge

Trial begins for supervisor charged in relation to 20-year-old worker's death

The trial of a supervisor charged with criminal negligence in the 2023 workplace death of a young hedge-trimming worker in Manotick began Monday at the Ottawa courthouse.

The incident happened on May 5, 2023, when 20-year-old Nicholas Chenier was working at a residential property for the hedge-trimming company Best Green Hedges Inc.

The worker was electrocuted when he struck a hydro line. At the time of the incident, Chenier was under the supervision of Steven Deans, a manager with the company.

Deans was charged with criminal negligence causing death in April 2024. He has pleaded not guilty, according to a report from CTV News.

The Crown alleges Deans failed to identify or warn Chenier about the presence of hydro wires and acted with reckless disregard for the worker’s safety, according to the report. Crown attorney Anne Fitzpatrick told the court there was “no conceivable safe, permissible or legal manner by which Nick could have trimmed the top of that hedge,” and that Chenier was working within the prohibited distance to the power line at the direction of his supervisor.

Ottawa and District Labour Council president Sean McKenny said this is the first time a specific charge has been laid against an employer or supervisor in such a case in the region. McKenny said the case highlights the responsibility of employers to ensure a safe workplace and compliance with the Occupational Health and Safety Act.

The Ministry of Labour also investigated the incident, laying five charges against the company, its owner, and Chenier’s supervisor. In April 2024, company owner Sheldon Best Green pleaded guilty to failing, as a director, to take all reasonable care to ensure the corporation complied with the Occupational Health and Safety Act and its regulations. All other charges against the company were withdrawn following the owner’s guilty plea. The court imposed a $45,000 fine, which, with a victim surcharge, totalled approximately $56,000.

Deans’s lawyers, Mark Ertel and Kirstin Macrae, said in a statement that Deans has pleaded not guilty and urged the public to keep an open mind until all evidence is heard, reported CTV News.

The trial is expected to last three weeks. The case is being closely watched by occupational health and safety professionals as a test of supervisor accountability and compliance with workplace safety regulations.