Workplace Health Safety Crimes

Effective March 31, 2004, Bill C-45 (the"Westray Bill") will law. Bill C-45 is federal legislation that introduces an explicit new legal duty regarding workplace health and safety within the criminal negligence sections of the Criminal Code. Bill C-45 increases the potential criminal liability of a greater number of individuals by casting the net of potential liability both deeper into the organizational structure and wider to include more individuals and all "organizations". It establishes a very broad and overarching legal duty to protect workers and the public at large - a duty, if not complied with, will amount to the prohibited act of the offence of criminal negligence and could result in penalties in the millions of dollars for organizations and a maximum jail term of life imprisonment for convicted individuals. This book covers the sequence of events that led to the development of Bill C-45, provides an overview of the law of criminal negligence and presents a section by section analysis of the Bill (including the extensive sentencing and probationary provisions it introduces). The book also offers a general overview of Canadian OHS law including a discussion of the internal and external responsibility systems as well as a brief description of the salient authority, stages of the process and legal rights that an accused has during the criminal justice process.