R. v. New Glasgow (Town), (2008) 263 N.S.R.(2d) 390 (PC)

• Judge: Campbell, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: April 08, 2008
• Jurisdiction: Nova Scotia
• Citations: (2008), 263 N.S.R.(2d) 390 (PC);2008 NSPC 15

R. v. New Glasgow (2008), 263 N.S.R.(2d) 390 (PC);

    843 A.P.R. 390

MLB headnote and full text

Temp. Cite: [2008] N.S.R.(2d) TBEd. AP.020

Her Majesty The Queen v. Town of New Glasgow

(1781872; 1781876; 2008 NSPC 15)

Indexed As: R. v. New Glasgow (Town)

Nova Scotia Provincial Court

Campbell, P.C.J.

April 8, 2008.

Summary:

A town employee was killed when an 11 foot deep trench caved in. Contrary to provisions of the Occupational Health and Safety Act, a ladder into the trench was removed, the trench was not properly sloped, a trench cage was not used where adequate sloping was not possible (town did not even own a trench cage) and the project supervisor was not on-site and had not signed off on the hazard assessment form for that day. The town promptly pleaded guilty to two offences under the Act: (1) failing to ensure that the trench was adequately shored or braced, or failing to ensure that a trench cage was used and (2) permitting a person to enter a trench exceeding 1.2 metres in depth unless a proper ladder was installed. At issue was the appropriate sentence.

The Nova Scotia Provincial Court stated that the paramount sentencing consideration was the need to enforce regulatory standards by deterrence. The court fined the town $25,000 and ordered the town to undertake various health and safety initiatives.

Trade Regulation - Topic 7902

Industrial safety - Particular offences - Sentences - Considerations on imposing sentence - A town employee was killed when an 11 foot deep trench caved in - Contrary to provisions of the Occupational Health and Safety Act, a ladder into the trench was removed, the trench was not properly sloped, a trench cage was not used where adequate sloping was not possible (town did not even own a trench cage) and the project supervisor was not on-site and had not signed off on the hazard assessment form for that day - The town promptly pleaded guilty to two offences under the Act: (1) failing to ensure that the trench was adequately shored or braced, or failing to ensure that a trench cage was used and (2) permitting a person to enter a trench exceeding 1.2 metres in depth unless a proper ladder was installed - The Nova Scotia Provincial Court stated that the paramount sentencing consideration was the need to enforce regulatory standards by deterrence, which normally required a significant fine - The court noted that safety was not compromised for profit, but resulted from inadequate safety policies and a lax workplace safety culture - The town unreservedly accepted full responsibility and undertook to effect necessary changes - A significant fine would increase the burden on taxpayers, which might include the deceased employee's family and friends - The court imposed a $25,000 fine and ordered proactive steps to be taken, including: (1) the town was to sponsor a $5,000 Nova Scotia Safety Council conference and a $10,000 municipalities conference, with a presentation at each outlining what happened, what it did wrong and what was being done to correct the problem; (2) the town's safety policies were to be independently audited quarterly; (3) the town was to develop integrated safety manuals and support materials; (4) all town employees were to undertake health and safety training; and (5) the town was to undertake a public information campaign.

Trade Regulation - Topic 7915

Industrial safety - Particular offences - Sentences - Failure to support or slope trenches - [See Trade Regulation - Topic 7902 ].

Cases Noticed:

R. v. Cotton Felts Ltd. (1982), 2 C.C.C.(3d) 287 (Ont. C.A.), refd to. [para. 38].

R. v. Leil (A.W.) Cranes & Equipment (1986) Ltd. (2003), 223 N.S.R.(2d) 225; 705 A.P.R. 225 (Prov. Ct.), refd to. [para. 61].

Counsel:

Peter Craig, for the Crown;

Frank DeMont, for the Town of New Glasgow.

This matter was heard before Campbell, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment orally on April 8, 2008.