Whitehorse Daily Star

Charges stayed after fatal mauling

The Yukon Workers' Compensation Health and Safety Board (WCB) has stayed the final two charges against Aurora Geosciences Ltd., after setting aside four other charges in the same case last November.

By Stephanie Waddell on June 2, 2008

The Yukon Workers' Compensation Health and Safety Board (WCB) has stayed the final two charges against Aurora Geosciences Ltd., after setting aside four other charges in the same case last November.

The charges were initially laid in 2007, a year after Jean-Francois Page, a worker for the company, was killed in a grizzly bear attack about 30 kilometres east of Ross River.

A five-day trial was booked for the remaining two charges of failure to ensure work procedures were adopted and used that will prevent or reduce the risk of occupational illness or injury, and failure to ensure workers were given the necessary instruction and training and were adequately supervised, considering the nature of the work.

In court this morning, territorial prosecutor Zeb Brown asked for the charges to be put aside because of new information that's come forward, said Tom Ullyett, an assistant deputy minister with the territory's Department of Justice.

"There will be no trial," he said.

The new information, which isn't being publicly released, would be required to be disclosed to Aurora Geosciences, which would have meant an adjournment of the trial if the WCB opted to continue with it.

That adjournment would have taken a few months, creating an unreasonable delay which would not have been fair to the defence, Ullyett explained.

Aurora Geosciences president Gary Vivian is disappointed with the stay, which comes after two years.

"It's frustrating, to say the least," he commented in an interview.

The company has continued to state it does everything to keep its employees safe, Vivian said, noting it was prepared to fight the charges in court.

While the stay of proceedings may give the families involved some closure, Vivian noted the situation is somewhat anti-climatic.

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