CLE Online

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