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Workplace Health and Safety Crimes, 2nd Edition

On March 31, 2004, Bill C-45 (the "Westray Bill") became law in Canada . This legislation established new legal duties regarding workplace health and safety, and a new crime of Occupational Health and Safety (OHS) criminal negligence. With charges laid under the provisions of Bill C-45 in R. v. Fantini and R. v. Transpav Inc . it is very likely ...



Publisher: LexisNexis Canada
Country: Canada
Format: Softcover Book
Publication Language: English
ISBN: 9780433456308
Publication Date: 2009-05-31
 
Price: $85.00
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    On March 31, 2004, Bill C-45 (the "Westray Bill") became law in Canada. This legislation established new legal duties regarding workplace health and safety, and a new crime of Occupational Health and Safety (OHS) criminal negligence.

    With charges laid under the provisions of Bill C-45 in R. v. Fantini and R. v. Transpave Inc. it is very likely that criminal investigation and prosecution across Canada will increase.

    Written by Norm Keith, rated by Lexpert as one of the most frequently referred lawyers in Canada for occupational health and safety law and workers' compensation matters, this book takes you systematically through the implications of the legislation by:

    • Explaining new duty to take "reasonable steps" to prevent bodily harm
    • Providing an overview of the law of criminal negligence
    • Presenting a section-by-section analysis of the Bill C-45
    • Offering a general overview of Canadian OHS law including a discussion of the internal and external responsibility systems
    • Canvassing the salient cases and stages of the criminal prosecution process
    • Reviewing the legal rights that an accused has during the criminal prosecution process

    This fully revised second edition features:

    • Examination of international initiatives to establish health and safety crimes around the world
    • Discussion of the cases of R. v. Fantini and R. v. Transpave Inc. and their impact on the prosecution of health and safety crimes
    • Expanded analysis of the case law considering the mandatory sentencing criteria for organizations
    • New strategies to reduce risk of criminal liability

    Just exactly who is at risk of a criminal conviction?

    A criminal conviction could result in penalties in the millions of dollars for organizations and a maximum jail term of life imprisonment for convicted individuals. Your organization, any individual who directs how work is performed and managers and senior executives are all at risk if they breach the new OHS duty to take "reasonable steps" to prevent bodily harm in the workplace. Through its section-by-section analysis of Bill C-45, Workplace Health and Safety Crimes, 2nd Edition provides you with the guidance necessary to avoid the potentially costly consequences of your organization, or you personally, becoming the subject of a criminal charge.

    This book explains how Bill C-45 casts the net of potential criminal liability broader and deeper into the organizational structure (including "organizations" - that are incorporated or not, operate for profit or not, or are publicly listed or not) and wider to include individuals ranging from members of the board of directors and senior officers to managers and supervisors.

    This book also addresses how Bill C-45:

    • Establishes overarching legal duties to protect workers and the public
    • Determines what these duties entail and the standards that are required to be met
    • Defines the OHS criminal negligence-related criminal offences
    • Establishes a new list of criteria for sentencing organizations that must be considered by the sentencing judge
    • Adds broad new optional terms of probation specifically for organizations convicted of criminal offences
    • Amends the Criminal Code to quadruple the maximum fines against organizations for summary conviction offences
    The author provides clear insight, comments and practical guidance on how the provisions are likely to be interpreted.

     

    Norm Keith, B.A., LL.B., CRSP


    Norm Keith, B.A., LL.B., CRSP is a partner at Gowlings LLP specializing in occupational health and safety, workers’ compensation, environmental, corporate liability, privacy law and labour and employment law. He has extensive experience advising leading Canadian corporations and executives regarding OHS and workplace risk management, in defending criminal and regulatory offences, appealing regulatory orders, wrongful dismissal litigation, breach of contract lawsuits, human rights complaints, labour arbitration hearings, labour relation board hearings, judicial reviews, illegal picketing injunctions and fiduciary duty lawsuits. He has also assisted clients in a wide range of private industries in developing their emergency response plans, employment contracts, health and safety policies, human resources policies, violence policies, alcohol and drug policies, and public sector employers and sexual harassment policies. Mr. Keith leads Gowlings’ national OHS practice of lawyers and consultants providing multi-disciplinary training, consulting and legal services. For more information on Mr. Keith’s practice, please visit his website at www.gowlings.com/ohslaw.

    A member of the Law Society of Upper Canada, Canadian Bar Association, Human Resources Professional Association of Ontario, Association of Canadian Registered Safety Professionals, Canadian Society of Safety Engineering, and the American Society of Safety Engineering, Mr. Keith has authored leading texts including Canadian Health & Safety Law, Canadian Emergency Management and Response Manual, Alcohol and Drugs in the Canadian Workplace, Ontario Health & Safety Law, Creating an Effective Joint Health and Safety Committee, Human Resources Guide to Preventing Workplace Violence and Practical Guide to Health and Safety and Workers’ Compensation in Alberta. Called to the Bar in 1983, Mr. Keith was the first practising lawyer in Canada to receive his Canadian Registered Safety Professional designation in 1998.

     

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