Charges will remain, court rules
Companies charged with safety violations following a 2010 death at the Wolverine Mine have been denied their application to have the charges thrown out of court.
Companies charged with safety violations following a 2010 death at the Wolverine Mine have been denied their application to have the charges thrown out of court.
A lawyer for Procon Mining Inc. and Procon Mining and Tunneling, as well as one representing Yukon Zinc Corp., were in court last month asking a judge to quash the charges against them, claiming they are too vague.
Each company is facing four charges under the Occupational Health and Safety Act surrounding failing to ensure a safe workplace at the Wolverine Mine, as well as failing to implement the necessary procedures to make sure it was safe.
Yukon Zinc has also been charged with an additional count of not taking reasonable steps to make sure the workplace was safe, as well as one count of not preparing and maintaining a design report.
William Fisher, a 25-year-old from Kelowna, B.C., was killed on April 25, 2010 when a section of tunnel wall collapsed onto a piece of equipment he was servicing.
The charges include the date and location of the alleged offence and then list the charges as they are written in the Occupational Health and Safety Act.
The companies' lawyers argued that, given the size and complexity of the operations at Wolverine Mine, the charges did not provide enough detail to allow the defence to understand exactly what it was being charged with.
But Judge Deborah Livingstone agreed with the prosecution. She ruled Friday that the charges contain all the necessary information and will not be quashed or amended.
Both sides will appear in court again at the end of the month, so the companies can enter pleas on the charges.
Comments (1)
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Jaymanc on Mar 6, 2012 at 12:08 am
Are you kidding me? Throw out the charges. Not enough detail? Where do you find these lawyers? From TV? Your being charged with not following the safety regulations of OH&S. Couldn't be any easier to explain. I hope they lost there plea too this is bogus. Take responsibility or find another line of work!!!