OHS contraventions can trigger accusation of manslaughter

Quebec court found reasonable person would have foreseen risk

The Quebec Superior Court has recently made a decision that will have broad implications for individuals and corporations in high-risk workplaces across Canada. Justice Louise Villemure dismissed a judicial review from the committal trial of Sylvain Fournier for a charge of manslaughter, arising from a workplace fatality. Justice Villemure held that a contravention of a duty on employers under the Quebec Safety Code may be an appropriate basis for a criminal charge of manslaughter. Fournier’s trial is scheduled for Nov. 27.

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