Only few charges since law took effect, says union
On the 33rd anniversary of the Westray coal mine explosion in Nova Scotia, a couple of groups have called on the federal government for the proper enforcement of the legislation that resulted from the tragedy.
“The USW does not take the position that all workplace fatalities or injuries are the result of criminal negligence; only that, without an investigation, those directing work will escape accountability in the cases that did result from criminal negligence,” said Marty Warren, United Steelworkers (USW) national director.
The union noted that on May 9, 1992 at the Westray coal mine in Pictou County, N.S., a methane explosion underground killed 26 men.
“Only 15 bodies were recovered, with 11 abandoned in the deep. No one was held accountable for this disaster that prevented 26 sons, fathers and husbands from returning home,” said the USW.
The group noted that it took until 2024 before the “Westray amendments” were included in the Criminal Code of Canada.
And while it has been 21 years since the code was amended to include the amendments, USW said that there have been over 200,000 serious workplace injuries and deaths in that time, and there have only been a handful of convictions.
“The USW is aware of 27 charges under the Westray amendments, with only 12 successful prosecutions, of which only one includes criminal negligence causing bodily harm,” said the group.
The Canadian Labour Congress (CLC) agrees that despite the law, far too many workers still lose their lives in the line of work. In 2023, for example, 1,056 fatality worker compensation claims were accepted. That is in keeping with an average of over 1,000 workplace fatalities each and every year, according to the group.
Unions’ demands from the federal government
“It is long past time for governments to invest in resources to enforce the Westray law. This requires training for inspectors, crown attorneys and police to enable them to recognize workplace safety criminality and build cases with a reasonable likelihood of conviction,” said the USW.
They are calling for the hiring of dedicated prosecutors and teams to investigate workplace fatalities and serious injuries, a call that CLC echoes.
“Such an approach must be seen as an investment in promoting health and safety and saving lives,” USW said.
On top of that, the CLC is calling on the federal government to do the following,
- Ensure Crown attorneys are educated, trained and directed to apply the Westray amendments to the Criminal Code;
- Mandate the training for police and health and safety regulators—supported by the necessary resources—on the proper application of the Westray amendments; and
- Mandate procedures, protocols and coordination in every jurisdiction for police, Crown prosecutors and health and safety regulators.
“The passage of time has only underscored how unacceptable lax enforcement of the Westray Law is,” said Bruske. “Every worker’s life has value – and only real enforcement of the Law reflects that.”
Previously, Harry Glasbeek, professor emeritus, Osgoode Hall Law School, said that the Westray legislation is “useless” in terms of outcomes.
