What Strong Message Does a Criminal Charge in a Young Worker Death Send?

On May 2023, 20-year-old Nicholas Chenier was trimming bushes between two homes in Manotick, Ontario when the battery-powered attachment he was using touched a 16,000-volt power line. Chenier was killed instantly. In this article we talk about What Strong Message Does a Criminal Charge in a Young Worker Death Send.

The company Chenier was working for, Best Green Hedges, is a small landscaping company with up to 18 employees. His supervisor, Steven Deans, was also on site that day. However, according to agreed statements of fact, it was only Chenier and one other worker at that specific job site when the accident occurred.

Last week, the Ottawa Police Service announced it has charged Deans with one count of criminal negligence causing death. This charge stems directly from Chenier’s on-the-job death.

A Rare Criminal Charge for Workplace Death

The criminal charge against Deans marks an important development. According to Sean McKenny, President of the Ottawa and District Labour Council, this is the first time someone has been criminally charged in an Ottawa workplace fatality.

Nationwide, such charges remain rare. Since 2004 when the “Westray law” took effect, there have only been around 23 cases that resulted in criminal negligence charges for workplace injury or death. Out of those, only nine have led to successful prosecutions – four in Quebec, four in Ontario, and one in British Columbia.

The Westray law came about after 26 miners were killed in a Nova Scotia coal mine explosion in 1992. Its purpose is to hold both companies and individuals criminally liable for deaths on the job. McKenny says the Labour Council has long pushed for stronger police involvement in investigating workplace fatalities.

“If there [were] no workplace fatalities, there’d be no need to see those kinds of charges laid,” said McKenny. “But in that regards, we’re pleased.”

Company Director Pleads Guilty

In addition to the criminal charge against Deans, Best Green Hedges company director Sheldon Bestgreen pleaded guilty on Thursday for failing to comply with Ontario’s Occupational Health and Safety Act.

Bestgreen was fined $45,000 plus a victim surcharge. He admitted that he believed his company was taking adequate precautions, saying “I realize it was not.”

Deans has also been charged for violating OHS laws by allegedly failing to protect Chenier. However, his defense lawyer asked for Deans’ OHS hearing to be postponed until May 30th so he can consider how to move forward with the recent criminal charge.

Hoping to Prevent Future Deaths

While the $45,000 penalty handed to Bestgreen was called “a slap on the wrist” by Chenier’s mother, Jennifer Chenier said she feels “a little bit of hope” due to the criminal charge against Deans.

McKenny echoed this sentiment. He believes the negligence charge could send an important warning to other employers that they must prioritize workers’ health and safety or risk facing consequences.

“The hope is that it sends a message to other employers, to the community, that they have to pay attention to health and safety or what will happen is charges like this,” McKenny explained.

Remembering the Victims

This Sunday, on the annual National Day of Mourning, both McKenny and Jennifer Chenier plan to attend the ceremony honoring those killed or injured on the job. This event at Vincent Massey Park comes almost one year after Nicholas Chenier’s tragic death.

“It’s been a long, hard year,” said his mother.

While the outcome remains to be seen, the criminal charge in this case represents an important step toward justice and accountability. Both McKenny and Chenier hope it inspires employers to reflect on safety standards to ensure no other young workers lose their lives in preventable accidents. I sincerely hope you find this “What Strong Message Does a Criminal Charge in a Young Worker Death Send?” article.