R. v. Nova Scotia Power Inc.

R. v. Nova Scotia Power Inc.

Because causation between NSPI’s regulatory breach and the worker’s death was not proven, the case could not be treated as a fatality case; nonetheless the actual fall through an unguarded Tripper Gallery floor slot established a real and foreseeable hazard warranting a meaningful penalty reflecting potential for serious harm, NSPI’s partial mitigation (guilty plea, remediation, safety record) and the objectives of general deterrence, resulting in a fine of $25,000, mandatory funding of three public education sessions totaling $15,000, and a victim surcharge of $3,750 (total $43,750).

Citation
2008 NSPC 72
Parties
Prosecutor: Her Majesty the Queen (Department of Environment and Labour); Defendant: Nova Scotia Power Incorporated
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
1 December 2008
Procedural Posture
Provincial Summary Conviction Occupational Health and Safety Act / Sentencing
Outcome
Guilty plea entered to Count 1 (contravention of Fall Protection and Scaffolding Regulations s.7(1)); Count 2 dismissed; sentencing imposed.
Legal Topics
Fall Protection, Causation, Corporate Sentencing, Sentencing Principles, Creative Sentencing, Foreseeability
Source Language
English
Occupational Health and Safety Criminal Law Regulatory Offences Administrative Law Fall Protection Causation Corporate Sentencing Sentencing Principles +2 more

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Parties

Her Majesty the Queen (Department of Environment and Labour)

Prosecutor

Nova Scotia Power Incorporated

Defendant

Procedural Posture

Provincial Summary Conviction Occupational Health and Safety Act / Sentencing

Legal Issues

  1. 1 Whether the worker's death was causally connected to NSPI's regulatory breach
  2. 2 Whether the unguarded Tripper Gallery floor slots constituted a foreseeable and significant hazard
  3. 3 Appropriate sentence for a corporate offender given actual vs potential harm and NSPI's mitigation measures

Ratio Decidendi

Because causation between NSPI’s regulatory breach and the worker’s death was not proven, the case could not be treated as a fatality case; nonetheless the actual fall through an unguarded Tripper Gallery floor slot established a real and foreseeable hazard warranting a meaningful penalty reflecting potential for serious harm, NSPI’s partial mitigation (guilty plea, remediation, safety record) and the objectives of general deterrence, resulting in a fine of $25,000, mandatory funding of three public education sessions totaling $15,000, and a victim surcharge of $3,750 (total $43,750).

Court Disposition

Guilty plea entered to Count 1 (contravention of Fall Protection and Scaffolding Regulations s.7(1)); Count 2 dismissed; sentencing imposed.

Orders

  • Fine of $25,000 payable by Nova Scotia Power Incorporated
  • Payment for three Public Education Sessions to be provided by the Nova Scotia Construction Safety Association totaling $15,000