Sent: Friday, November 07, 2008 11:31 AM

Subject: Demand for Canada Labour Code Investigation and Criminal Charges

 

Attention:

 

Rona Ambrose, Honourable Minister of Labour (Federal)

Iain Black, Honourable Minister of Labour and Citizens' Services (Provincial)

John Baird, Honourable Minister of Transport, Infrastructure and Communities (Federal)

Steve Hunt, Worksafe BC Board of Directors (Worker Represtentative)

                      

 

Dear Ms. Ambrose, Mr. Black, Mr. Baird and Mr. Hunt;

 

The families of the five working men killed as a result of the February 28th, 2005 floatplane crash off Quadra Island, BC, continue to be appalled that not one government agency has yet conducted an Occupational Health and Safety investigation.

 

Greatly disappointed with the failure of the Transportation Safety Board of Canada to adequately investigate this accident, and their apparent failure to fulfill their obligations by apprising the Ministry of Transport, or the Ministries of Labour, of their findings, the families retained the services of a highly respected forensic aviation specialist, George Heath, of RJ Waldron & Co.

 

Attached you will find the “AQW Summary Report” and “Coroner Recommendation Letter” prepared by Mr. Heath.  In respect of this “new” information, we hereby formally request that both the Ministries of Labour/Worksafe BC and the federal Ministry of Transport reassess their decisions not to investigate for infringements of the Canada Labour Code, Part II, specifically:

 

Duties of Employers:  Specific Duties 125 (1)

 

 

(k) ensure that the vehicles and mobile equipment used by the employees in the course of their employment meet prescribed standards;

(o) comply with prescribed standards relating to fire safety and emergency measures;

 

We further request that criminal charges be laid with respect to the Criminal Code of Canada, specifically:

Duty of persons undertaking acts dangerous to life

216. Every one who undertakes to administer surgical or medical treatment to another person or to do any other lawful act that may endanger the life of another person is, except in cases of necessity, under a legal duty to have and to use reasonable knowledge, skill and care in so doing.

Duty of persons undertaking acts

217. Every one who undertakes to do an act is under a legal duty to do it if an omission to do the act is or may be dangerous to life.

Duty of persons directing work

217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.

Criminal negligence

219. (1) Every one is criminally negligent who

(a) in doing anything, or

(b) in omitting to do anything that it is his duty to do,

       shows wanton or reckless disregard for the lives or safety of other persons.

Causing death by criminal negligence

220. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

Dangerous operation of motor vehicles, vessels and aircraft

249. (1) Every one commits an offence who operates

(c) an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated

Further information to support these allegations is readily available.

 

We respectfully request your immediate attention to this matter and look forward to your prompt responses.

 

 

Sincerely,

 

 

Kirsten Stevens (widow of Dave Stevens)

On behalf of the Stevens, Feast, Bedard/MacDonald and Decock Families

 

492 S. McPhedran Rd.

Campbell River, BC

V9W 5K5

 

(250)287-2725

 

 

Enc:    AQWSummary Report

           Coroner Recommendation Letter

 

CC:     Roberta Ellis, Worksafe BC (VP, Policy, Investigations & Review)

           Merlin Preuss, Transport Canada (DG, Civil Aviation)

           Roger Collin, RCMP (Island District GIS)

           Mac Maxton, Federal Labour Program (ROM)

 

 

Please note, it is understood that there is a letter on the desk of the new Federal Minister of Labour, Rona Ambrose, awaiting signature, which indicates that the Federal government is/was referring me back to Worksafe BC with respect to a Canada Labour Code investigation into the deaths of four forest workers.