WHEREAS the Westray amendments to the Criminal Code were brought forward to address incidents of workplace death or injury that were determined to be caused by negligence or a failure to take reasonable steps to ensure safety: THEREFORE BE IT RESOLVED that UBCM urge the provincial government, specifically the Attorney General and the Minister of Labour, to ensure that: - Crown attorneys are educated, trained and directed to apply the Westray amendments; - dedicated prosecutors are given the responsibility for health and safety fatalities; - police are educated, trained and directed to apply the Westray amendments; and - there is greater coordination among regulators, police and Crown attorneys so that health and safety regulators are trained to reach out to police when there is a possibility that Westray amendment charges are warranted.
Ministry of Justice The Ministry of Justice appreciates the serious nature of workplace fatalities. When reports to Crown Counsel are submitted to the Ministrys Criminal Justice Branch alleging death or serious injury arising out of a workplace incident, they are generally assigned for charge assessment to senior prosecutors who are familiar with the Westray amendments to the Criminal Code of Canada and have particular expertise in Occupational Health and Safety matters. Investigative agencies, including those that investigate workplace fatalities, are free to contact, and often do, the Criminal Justice Branch during the course of an investigation and seek legal advice. The Branch does not, and cannot lawfully direct how an investigation must be conducted, who should be investigated, or the alleged offences that should be investigated. Investigative agencies are independent of the Branch and the Branch does not stand in oversight of police or other investigators in the exercise of their discretion. However, the Criminal Justice Branch can provide legal advice that assists in gathering evidence in a manner that is respectful of Charter of Rights and Freedom rights and identifies, for investigators, any additional evidence that may be needed for the purpose of charge assessment. Recently, WorkSafeBC entered into a Memorandum of Understanding MOU with the Criminal Justice Branch to improve communication and interaction between the investigative and prosecution agency. This MOU addresses best practices in the preparation of a report to Crown Counsel, as well as the disclosure of information between the two organizations. The creation of the MOU arose, in part, out of recommendations that were contained within a report entitled the Babine Explosion Investigation, prepared, in February 2014, by the Deputy Minister to the Premier, Mr. John Dyble. On the issue of policing, the Province provides overall direction respecting police services and ensures there are adequate and effective levels of policing. Police agencies conduct individual investigations at arms length from government and we cannot interfere with or direct police in particular investigations. The Ministry has facilitated the completion of an updated MOU to establish a cooperative agreement between WorkSafeBC and police to ensure that the investigation of any work related death or injury is conducted in a thorough, timely and effective manner. Enhanced training for police and WorkSafeBC investigators is included in the MOU. Ministry staff is also facilitating the creation of a second MOU between the Chief Inspector of Mines and police. Agreement has been reached that training, as contained within the WorkSafeBCpolice MOU, would also be contained within this MOU.