Claridge stalling investigation into worker's death, police say

CBC/Radio-Canada has learned a police investigation into the 2016 death of a Gatineau man at a Preston Street work site is at an impasse because one of the companies involved in the case refuses to co-operate.

Olivier Bruneau, 24, was working at the bottom of a giant pit at 505 Preston St. in Ottawa when a chunk of ice broke away from a wall and fell on him. After his death in March 2016, two investigations were launched: one by the Ontario Ministry of Labour and another by Ottawa police.

The ministry completed its investigation and has laid charges under the Ontario Occupational Health and Safety Act of failing to take all reasonable measures to prevent the accident against the developer, Claridge Homes, sub-contractor Bellai Brothers Construction, and two supervisors.  

But the police investigation is "pretty well at a standstill," according to lead investigator Anthony Costantini. "Nobody is co-operating from Claridge Homes. It's been like that since the start."

A lawyer for Claridge Homes, Michael Edelson, did not respond to interview requests. Neither did Claridge's owners, Bill, Neil and Shawn Malhotra.

Right to remain silent

Gatineau criminal lawyer Sébastien Gagnon said people under police investigation have the right to remain silent.

"It's a fundamental right protected by the Charter [of Rights and Freedoms], that an individual under investigation isn't compelled to help the investigation against him," he told Radio-Canada in French.

"It's a choice. He can decide to give his version, but can also refuse, and we cannot hold it against him if he refuses to co-operate with police."

Otherwise, Gagnon said police have other means at their disposal, like seeking search warrants from a justice of the peace, if there are grounds to believe the company is in possession of evidence.

Gagnon points out, however, that a company has no right to stop employees from talking to police. "Let's take a fictional example, where workers witnessed a situation and their employer tells them that they will lose their job if they cooperate with police. That would constitute a criminal offense. It would be obstruction of justice."

To prove criminal negligence, police must not only demonstrate the employee's death was caused by a lack of safety measures, but that that company "acted so carelessly or with such reckless disregard for the safety of others as to deserve criminal punishment," according to a justice department document.

Westray law not enforced

Several lawyers and labour-law experts are following the police criminal investigation into Bruneau's death with interest.

It's seen as a test of the federal Westray law, adopted after the mine explosion in Nova Scotia that killed 26 miners.

This Criminal Code provision imposes on people who direct the work of others the legal duty to take reasonable steps to prevent harm to workers or the public. The violation of this duty can lead to significant penalties, including up to life imprisonment where death ensues.

However, since its passing in 2004, the Westray law has yielded little in the way of results. Police and Crown prosecutors rarely lay criminal negligence charges against companies. Many legal experts contend authorities aren't sure how to apply it.

On April 28, the National Day of Mourning for Workers Killed or Injured on the Job, the Trudeau government committed to better enforcing the Westray law.