Friday, May 3, 2002 Back The Halifax Herald Limited

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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