Health and Safety
 

Kill a Worker-Go to Jail

C-45 became law on March 31, 2004. It established new legal duties for workplace health and safety under the Criminal Code of Canada, and imposes serious penalties for violations that result in injuries or death.

Bill C-45, also known as the "Westray Bill", was created as a result of the 1992 Westray coal mining disaster in Nova Scotia where 26 miners were killed despite serious safety concerns having been raised to the company by employees, union officials and government inspectors. A Royal Commission of Inquiry was established to investigate the disaster. In 1998, the Royal Commission made 74 recommendations some of which ultimately led to the Bill C-45 amendments to the Criminal Code.

To date there have been only a few charges and very few convictions under this provision. Partly this is because a much higher burden of proof is required for Criminal Code charges so it is often easier to prosecute under existing provincial health and safety laws. Partly it is because police and prosecutors are not well trained in this aspect of the law.

This is unacceptable and unions are doing their part to fix it. When we are aware that a worker has been killed in circumstances where a criminal prosecution might be considered, a package of Bill C45 information is sent to investigators to remind them to consider the option to lay criminal charges.

We say  “Kill a Worker-Go to Jail”

A Plain Language Guide to Bill C-45

Bill C45