Charging firms would safeguard workers, federal committee hears
By Brian Underhill / Ottawa Bureau
Ottawa - The only way to significantly improve workplace safety is to make
corporations and company executives face stiff criminal charges when their
negligence leads to death or serious injury, the Commons justice committee
heard Thursday. Maria York, president of the Canadian Council for the Rights of Injured Workers,
said Canadian workers will be protected only by laws that have a real fear
factor built in. She said that won't happen if penalties are limited to fines. "They (corporate executives and managers) have to fear something more
significant that will actually affect them personally . . . and it has to be
much more than just a fine," she told the committee that opened hearings into
prevention of another Westray disaster. In cases where deliberate mismanagement leads to death or serious injury, fines
are no deterrent because corporations simply pay these penalties and claim them
as a tax deduction, Ms. York said. The justice committee opened hearings into proposed changes to the Criminal Code
that would hold corporate executives, including board members, more
accountable. Ten years ago next week, the Westray mine explosion in Pictou County killed 26
miners. No one was ever successfully prosecuted but a public inquiry headed by
Justice Peter Richard recommended Criminal Code provisions be examined. "I do think that this is an area of the law that needs to be seriously reviewed
and probably see changes," said justice committee chairman Andy Scott. New Democrat Bill Blaikie said change is possible. "I think there is a will on the part of government members, at least some of
them, to keep going until such time as we actually get a piece of legislation,"
Mr. Blaikie said. Conservative justice critic Peter MacKay said the goal of this process is to
bring corporate directors and managers into the realm of criminal liability. "This bill . . . is a step in the right direction," he said, adding that the
committee will have to balance complicated legal issues. The committee, which was also briefed Thursday on a Justice Department
discussion paper on corporate criminal liability, will continue its work next
week.
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