Emily Gofton still vividly remembers the life-altering moment in June 2023 when she received the fateful call. She immediately sensed the gravity of the situation as she learned that her boyfriend, Liam Johnston, a 27-year-old plumbing apprentice, had tragically perished in a trench collapse while working on a sewer project at a residence in Calgary.
Quickly arriving at the site, Emily never had the chance to see Liam alive again. Experts indicated that he likely succumbed within minutes under the weight of soil and concrete blocks, with it taking firefighters nine hours to recover his body. Sadly, Johnston became one of the approximately 350 Canadians who lose their lives annually due to workplace-related traumatic injuries, as per the latest data from the University of Regina.
Following regulatory charges for safety breaches in his demise, which could result in fines upon conviction, Emily Gofton and Liam’s family expressed dissatisfaction, believing that fines alone are insufficient. They advocate for criminal charges in this instance, emphasizing the need for penalties that truly deter such incidents.
In Canada, the occurrence of criminal charges following a workplace fatality is uncommon. However, legal experts, labor organizations, and safety professionals are calling for a shift in this trend. They highlight the significance of the “Westray law,” an amendment to the Criminal Code introduced in 2004 in response to a tragic 1992 mining disaster in Nova Scotia that claimed the lives of 26 workers. This law enables the prosecution of company owners, supervisors, managers, or executives in cases where a worker dies on the job, potentially leading to severe repercussions such as imprisonment.
Despite the existence of the Westray law, instances of charges and convictions remain scarce. The United Steelworkers union advocates for an increase in criminal prosecutions for workplace fatalities to ensure that employers take safety regulations seriously, as fines are often viewed as merely a cost of doing business by companies.
Workplace safety consultant Rob Stewart underscores the potential deterrent effect of more criminal charges under the Westray law to prevent future tragedies. He emphasizes the need for enhanced awareness and training among legal authorities and investigators regarding the application of this legislation in addressing workplace deaths.
The article also delves into the details of Johnston’s case, highlighting the regulatory charges laid against his employer by Alberta Occupational Health and Safety (OHS). The narrative touches on the complexities of pursuing criminal charges under the Westray law, with insights from legal experts stressing the necessity of meeting stringent criteria to secure convictions in such cases.
The emotional toll on Johnston’s family and loved ones is palpable, with a sense of lingering grief and a quest for accountability. As the investigation unfolds, they await the decisions of the Crown prosecution office regarding potential criminal charges, hoping for justice and closure in the aftermath of their tragic loss.