Emily Gofton vividly remembers the life-altering moment in June 2023 that left her devastated. “When I received the call, I sensed it immediately… that instinctual feeling,” recalls the 24-year-old. The heartbreaking news was about her boyfriend, 27-year-old plumbing apprentice Liam Johnston, who tragically perished in a trench collapse while working on a sewer project in Calgary.
Johnston became one of the approximately 350 Canadians who lose their lives annually due to work-related traumatic injuries. Following the incident, regulatory charges for safety violations were issued, potentially resulting in fines upon conviction. However, both Gofton and Johnston’s family believe that fines are insufficient and are advocating for criminal charges in this case, emphasizing the need for more impactful consequences.
In Canada, criminal charges in work-related fatalities are infrequent, prompting calls for a shift in legal approach from various quarters. The “Westray law,” a legislation amendment to the Criminal Code enacted in 2004 in remembrance of a tragic 1992 mining disaster in Nova Scotia, enables the prosecution of company executives in cases of workplace deaths. This law allows for the imposition of severe penalties, including imprisonment, for those found guilty of negligence causing death or manslaughter.
While the Westray law offers a framework for criminal prosecution in workplace fatalities, its utilization remains limited. Advocates, including the United Steelworkers union, are advocating for more aggressive enforcement to ensure employers take workplace safety seriously and deter future incidents. The union asserts that the current system lacks adequate deterrence, allowing some employers to view fines as merely a cost of doing business.
Experts like workplace safety consultant Rob Stewart emphasize the importance of police investigations and potential criminal charges to prevent future tragedies. Stewart underscores the significance of raising awareness and providing proper training to legal authorities and investigators to ensure thorough examinations in the aftermath of workplace deaths.
The tragic circumstances surrounding Johnston’s death highlight the importance of strict adherence to safety regulations. Investigations by Alberta Occupational Health and Safety (OHS) and Calgary police shed light on the lapses that led to the fatal incident. Despite ongoing legal proceedings, the family and loved ones of Johnston anxiously await the outcome, hoping for justice and accountability for their irreplaceable loss.
