R. v. McGuire (A.N.), (1994) 147 N.B.R.(2d) 341 (PC)

JudgeBrien, P.C.J.
CourtProvincial Court of New Brunswick (Canada)
Case DateJanuary 10, 1994
JurisdictionNew Brunswick
Citations(1994), 147 N.B.R.(2d) 341 (PC)

R. v. McGuire (A.N.) (1994), 147 N.B.R.(2d) 341 (PC);

    147 R.N.-B.(2e) 341; 375 A.P.R. 341

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]


Her Majesty The Queen v. Anthony Neil McGuire


Indexed As: R. v. McGuire (A.N.)

New Brunswick Provincial Court

Brien, P.C.J.

January 10, 1994.


The accused employer pleaded guilty to violating s. 181(1) of Regulation 91-191 under the Occupational Health and Safety Act by failing to properly support the walls of a trench, thereby committing an offence under s. 9(1)(b) of the Act. A trench col­lapsed, trapping and killing the accused's nephew.

The New Brunswick Provincial Court fined the accused $2,000 and imposed six months' probation, with a condition that the accused personally communicate with other similar contractors to alert them of the dangers of noncompliance with the Regulations respect­ing trenches.

Trade Regulation - Topic 7903

Industrial safety - Particular offences - Sentences - Probation - [See Trade Regulation - Topic 7915 ].

Trade Regulation - Topic 7915

Industrial safety - Particular offences - Sentences - Failure to support or slope trenches - The accused employer operated a small business with limited income - An employee (accused's nephew) died when a trench collapsed - The trench was not supported as required by the Occupational Health and Safety Act and Regulations - The accused pleaded guilty - Positive pre-sentence report - No previous convictions - Accused remorseful - Specific deter­rence was unnecessary, but general deter­rence was paramount - It was a competi­tive business and profits got in the way of safety - The accused was not familiar with the safety requirements of the Regulations - The danger of trench collapses was known and tragedy usually resulted from a collapse - The New Brunswick Provincial Court fined the accused $2,000 and im­posed six months' probation, with the condition that the accused take all reason­able efforts by personal communication to alert other contractors in a similar business of the danger of failing to comply with the Regulations respecting trenches.

Cases Noticed:

R. v. Cotton Felts Ltd. (1982), 2 C.C.C.(3d) 287 (Ont. C.A.), consd. [para. 29].

R. v. Ramdass (1982), 2 C.C.C.(3d) 247 (Ont. C.A.), refd to. [para. 31].

R. v. Roussy (1977), 2 W.C.B. 72 (Ont. C.A.), refd to. [para. 31].

R. v. Case Enterprises Ltd. et al. (1994), 147 N.B.R.(2d) 180; 375 A.P.R. 180 (Prov. Ct.), refd to. [para. 81].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, generally [para. 62].

Occupational Health and Safety Act, S.N.B. 1983, c. O-0.2, sect. 47(1) [para. 1].

Provincial Offences Procedure Act, S.N.B. 1987, c. P-22.1, sect. 46(1)(c) [para. 87].


David Lutz, for the accused;

Keith McCormick, for the Crown.

This case was heard before Brien, P.C.J., of the New Brunswick Provincial Court, who delivered the following judgment orally on January 10, 1994.

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