The next step in criminal charges against Ontario’s Ministry of Labour takes place Wednesday in a Sudbury courtroom.
The ministry, along with one of its inspectors, a former mining company and two of its officers, are all charged with criminal negligence causing death in connection with the death of a miner in 2006.
Raymond Campeau was 47 when he died May 25, 2006, at Podolsky Mine in Capreol while working as a mechanic for Dynatec.
He was 2,000 feet underground when a winch he was trying to repair exploded, sending metal fragments flying at high speed. Campeau’s legs were badly damaged and he died 90 minutes later.
His widow, Faye Smith, sued the province in 2018, arguing the Ministry of Labour inspector had identified the winch as a significant safety hazard. The ministry inspector issued orders that the problems be rectified, but the lawsuit said the ministry failed to follow through on the orders, leading to her husband’s death.
The current criminal charges were originally brought by Smith as a private prosecution. But in June, the Crown prosecutor in Sudbury announced it was taking over the case.
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The criminal charges in this case are possible thanks to what’s known as the Westray Law. Passed in 2004, it allows corporations to be charged criminally in cases when, for example, a company breached its responsibility to ensure the safety of its employees.
Michael Lacy, Smith’s lawyer, said at the June hearing the law has been expanded to allow the prosecution of any organization, not just private corporations.
Lacy also said the Sudbury Crown may decide to hand the prosecution to someone unconnected to the Attorney General of Ontario.
That would help avoid any perception of bias, since otherwise it would be one provincial organization – the Attorney General – prosecuting another, the Ministry of Labour.
Wednesday’s hearing begins at 10 a.m.