When Bill C-45 took effect almost exactly six years ago, it amended the Criminal Code to make it easier to bring criminal negligence charges in safety incidents. But so far, there’s only been one conviction of a company for criminal negligence relating to a safety incident. On March 17, 2008, a court sentenced Transpavé, a Québec manufacturer, to pay a $100,000 fine in connection with a worker’s death. (Click here for more on the Transpavé case.)

Suddenly in the last few weeks, there’s been a small flurry of criminal negligence charges for safety incidents involving fatalities. The most recent: Authorities in BC have charged Karl Lilgert, the navigating officer of the Queen of the North ferry, with criminal negligence. The ferry sank in March 2006 after running aground near Gil Island. Two of the 101 passengers were never found and have been declared dead. Lilgert was steering the ferry at the time of the incident.   

BC Charges on the Heels of ON Charges
In Ontario, police recently laid criminal negligence charges in the death of public works employee James Vecchio at a city landfill last April. Vecchio was doing sewage work in an excavated hole when a mobile crane contracted by the city toppled in and crushed him. The criminal negligence charges were brought against the crane operator, crane owner and the crane rental company. (Click here for more on this case.)

What about Management?
The government statement on the Queen of the North charges says the evidence didn’t warrant laying charges against any other member of the crew. But what about management? Wasn’t the ultimate goal of Bill C-45 to make it easier to hold corporate management liable when their companies negligently commit safety violations with tragic results? But we’ve yet to see a single CEO or other member of senior management charged with criminal negligence.

As with the Ontario case, we’ll keep track of the progress of the BC case and let you know about any developments.