RCMP fears evidence will be destroyed, witness jobs imperiled, if fatal refinery probe info revealed
Lack of expertise flagged in ‘extremely complex’ Come By Chance investigation
The Crown wants a judge to keep information under wraps about an ongoing investigation into last year's fatal flash fire at the Come By Chance refinery in eastern Newfoundland, saying the RCMP probe remains in the early stages and there would be consequences if more details are released now.
"There is a serious risk that evidence will be destroyed, witnesses influenced, and investigative avenues jeopardized," Dana Sullivan, a lawyer with Newfoundland and Labrador's special prosecutions office, wrote in court filings.
The Crown is arguing there are privacy issues at play as well, and revealing people's identities could create concerns for their personal or financial safety.
More than 15 months ago, a flash fire resulted in the death of one worker at the Braya refinery in Come By Chance and serious injuries to seven others.
Shawn Peddle, 47, of Clarenville died in mid-October 2022, six weeks after the blast.
The Mounties launched a criminal negligence investigation in January and executed three search warrants at the refinery in March. No charges have been laid.
CBC News filed an application at provincial court to unseal the documents investigators used to get those search warrants. Those documents — called an information to obtain, or ITO — lay out the details of what police are investigating and the grounds for getting a judge's permission to do a search.
Heavily redacted versions have already been released. The Crown and RCMP are opposed to any other information being made public at this time.
Chief Judge Robin Fowler is scheduled to render his decision on Dec. 14.
Experts required, but not yet retained
Court filings from the Crown and RCMP supporting their position shed some more light on the police investigation to date.
The Crown says investigators are still trying to gather information for experts in the oil and gas industry to analyze. Those experts have not yet been retained.
But the Crown stressed that getting outside help will be necessary.
"We're at the early stages of a very complex investigation that's on a subject that's really not in our knowledge wheelhouse," Sullivan said at a court hearing Thursday.
"We're asking the court to err on the side of caution because we have a complete absence of a knowledge base in the subject matter that we're dealing with."
The Crown pointed to a number of blacked-out paragraphs that contain information about a workplace safety issue.
"We acknowledge that to laymen the workplace safety issue, identified in [redacted paragraphs], would appear to support a ground of criminal negligence," the Crown said in court filings.
"We submit that the release of this information would compromise the nature and the extent of the investigation. Not all information on this workplace safety issue has been gathered and reviewed by police."
In an affidavit, RCMP Const. Branton Langley said that during discussions with witnesses and victims, "several persons expressed concerns over losing their job as a result of co-operating with police and providing statements."
The Crown also says it is worried about the privacy of people identified in the search warrant documents.
While the court filings repeatedly paint a picture of an investigation in its infancy, they also indicate it could eventually extend beyond Canadian borders, with potential requests to law enforcement agencies outside the country.
"Despite being just over a year into the investigation, it has proved to be an extremely complex investigation," Langley wrote in his affidavit.
"There are a number of issues the investigators have and continue to navigate through."
Sullivan argued that as a result of that complexity it would be safer to keep the information under wraps.
CBC says test not met to keep info sealed
In its submissions to the court, CBC News stressed that the burden is on the Crown to satisfy the legal test required to keep the information secret, and contended it has not done so.
CBC lawyer Sean Moreman told Thursday's court hearing that Langley's opinion "about what is or is not in the public interest, is not evidence sufficient to support maintaining the redactions."
The public broadcaster noted that keeping the sealing order to "err on the side of caution" is something that has long been rejected by Canadian courts.
The CBC submitted that there is also no indication any employee had been threatened with repercussions.
"It is highly unlikely that the employer here, in the media spotlight, will retaliate against its employees in trying to figure out who is responsible for the death of one of their colleagues," Moreman said.
The CBC contended that neither the Crown nor the RCMP has provided any real evidence that disclosure of the identity of the victims or witnesses would result in a serious risk that would justify a continued sealing order.
But the broadcaster said it is prepared to consent to a publication ban over their identities, unless they agree to being identified in the media.
Two years ago, new majority owners announced plans to switch the Come By Chance operation from fossil fuels to biofuels.
Work has been underway since then.
The flash fire happened Sept. 2, 2022, late in the afternoon of a Friday heading into the Labour Day long weekend.
According to previously unsealed portions of RCMP search warrant filings, a witness described the aftermath as looking "like a war zone."
There was a dramatic emergency response to save workers seriously injured in the explosion.
Braya says safety of employees is 'top priority'
In a statement to CBC News, Braya Renewable Fuels says it is looking forward to the decision of the court with respect to the pending application.
"Our top priority remains the safety of our employees and ensuring they get home safely at the end of the work day," spokesperson Karen White wrote in an emailed statement on behalf of Braya.
"We are committed to a culture of safety and continue to have an open-door policy, inviting our workforce to share their ideas about how we can best work together to provide a safe environment for all."
As for the RCMP's court filings that people have expressed concerns about losing their jobs over cooperating with police, Braya says it places "the highest value" on the safety and well-being of its workers.
"Our open-door policy fosters an environment where employees feel confident to voice any safety concerns," the Braya statement noted.
"We support our employees in cooperating with authorities and providing statements when required. Any contrary suggestions are entirely unfounded and incorrect."
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