Sudbury, Ont., Crown takes over criminal prosecution of Ontario’s Ministry of Labour

In court on Wednesday, Sudbury Crown attorney Kara Vakiparta moved to take over what had been the private prosecution of Ontario’s Ministry of Labour on a charge of criminal negligence causing death related to a 2006 mining fatality.

Facing the same charge in the case are Dan Beaulieu, an inspector for the labour ministry at the time, the former Dynatec Corp., Chris Stewart, Terry Jibbs and Stylianos Kontonikolas.

All had legal representation in court on Wednesday in Sudbury.

They are charged in the death of Raymond Campeau, 47, who 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 brought by Smith as a private prosecution. A justice of the peace in Sudbury ruled in March there was enough evidence to proceed with the charges.

The Crown’s decision Wednesday means the case will now proceed as a public prosecution. Justice Leonard Kim agreed to Vakiparta’s request to adjourn the matter until July 31 to give her time to assess the case.

Smith was in court Wednesday with her lawyer, Michael Lacy.

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.

Lacy said the legislation has been amended to allow “prosecutions of any organization, not just private corporations.”

“The Criminal Code was amended some time ago to allow any organization to be charged,” he said.

Convinced justice of the peace

“I don't want to get into the issue about whether this is unprecedented or not. The fact is Faye went before a justice of the peace. She laid out the evidence that she had compiled to support the laying of a charge and a justice of the peace allowed the issuance of the charge."

Lacy said the Crown has a right to take over any criminal prosecution.

“And at this stage, the local Sudbury Crown's office, through their Crown attorney, has decided that they are intervening or exercising their statutory right,” he said.

However, Lacy said the Sudbury’s Crown’s office may decide it would be better for “someone unconnected to the Attorney General of Ontario” to handle the actual prosecution of the case.

“(But) at this stage, it's the local Crown attorney who's indicated that she has taken carriage of the matter.”

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When asked how Smith felt about finally getting the matter into criminal court 18 years after her husband’s death, Lacy declined to comment.

“I think it’s appropriate to allow the process to play out in the courtroom,” he said.

“My client, obviously, now has counsel and we don't want to say or do anything that could be seen as interfering with what we believe to be an appropriate process in terms of what happens inside the courtroom.”

A statement from the United Steelworkers sent to CTV News later on Wednesday struck a similar note.

"The USW takes the position that it is appropriate, at this time, to allow the legal process to play out in the courtroom, and to refrain from actions or comments that could be seen as interfering in this process," the statement said.

But the union was critical of how rarely governments have used the Westray Law to hold organizations accountable in the 20 years since it was passed.

"In the ensuing two decades, however, governments across Canada have betrayed the promise of the Westray Law," the statement said.

"The law has rarely been used to criminally prosecute those responsible for preventable workplace deaths and injuries."