Workplace Fatality Cases 2016


Course Date: May 19, 2016

Total: 2h 29min

Introduction to the Course

Historical Review and the “Case for Change”

  • historical review of workplace fatality investigations and the limited role criminal/regulatory prosecutions occupied in this world
  • review of the “case for change” (some of the significant workplace accident investigations and their failures—the impetus for change)
  • review of the Westray Bill and s. 217.1 of the Criminal Code
  • review of the Macatee Report and its important findings
  • review of revised RCMP policy regarding workplace fatalities

Statutory Rights and Obligations Under the Act

  • introduction to statutory obligations and rights under the Workers Compensation Act, and similar statutes
  • the corporate duty to investigate: “preliminary” and “final” investigation reports
  • compelled interviews and production orders
  • legal protections afforded to the employer and employees

Networking Break

Legal/Constitutional Issues

  • explaining the “crossing the Rubicon” concept (R. v. Jarvis; R. v. Ling)
  • explaining the meaning and important factors related to the “predominant purpose” inquiry
  • explaining the ramifications of these concepts and the protections afforded under s. 7 of the Charter
  • applying these concepts to WorkSafeBC’s and other regulatory agencies; “for cause” vs. “for prosecution” teams

Tips and Tricks for Counsel

  • dealing with RCMP officers
  • managing and identifying “for cause” and “for prosecution” investigators
  • maximizing your client’s protections under the Act and Charter
  • building the case for “crossing the Rubicon”
  • role of criminal defence counsel and labour counsel in workplace fatality investigations
  • ethical issues arising from workplace fatality investigations

Concluding Remarks