R. v. Pederson (K.), (1999) 185 Sask.R. 124 (ProvCt)

• Judge: White, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: September 27, 1998
• Jurisdiction: Saskatchewan
• Citations: (1999), 185 Sask.R. 124 (ProvCt)

R. v. Pederson (K.) (1999), 185 Sask.R. 124 (ProvCt)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. OC.026

Her Majesty The Queen v.  Kenneth Pederson Sr.

Indexed As: R. v. Pederson (K.)

Saskatchewan Provincial Court

White, P.C.J.

September 27, 1999.

Summary:

Pederson was charged with seven vio­lations of the Occupational Health and Safety Act and Regulations after a man was killed when the trench he was working in caved in.

The Saskatchewan Provincial Court found Pederson guilty of all of the offences.

Trade Regulation - Topic 7702

Industrial safety - Employer defined - Pederson obtained a contract to install sewer and water lines on four lots - He hired Woods to do the backhoe work - Pederson supplied the backhoe, the piping and the gasoline, and Woods and a pipe­layer were to do the work - The men would be paid hourly wages - Woods arranged for his inexperienced nephew (Shatilla) to help him in laying the pipe - Shatilla was killed when a trench caved in on him - Pederson was charged with seven violations of the Occupational Health and Safety Act and Regulations - The Saskatchewan Provincial Court found Pederson guilty of the offences - The relationship between Pederson and Woods and Shatilla was one of employer to workers - Woods was not a self-employed person working as a subcontractor - Nor was he the employer of Shatilla.

Trade Regulation - Topic 7703

Industrial safety - Worker defined - [See Trade Regulation - Topic 7702 ].

Counsel:

W. Campbell, for the Crown;

G. Morin, for the accused.

This matter was heard at Meadow Lake, Saskatchewan, before White, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on Sep­tem­ber 27, 1998.