Emily Gofton still vividly recalls the life-altering morning in June 2023 when she received the devastating call about her boyfriend, Liam Johnston. The voice on the phone informed her that Johnston, a 27-year-old plumbing apprentice, had tragically perished in a trench collapse while working on a sewer project at a residence in Calgary.
Johnston’s untimely death, occurring within minutes under the weight of earth and concrete blocks, highlighted the dangers faced by workers in Canada. Statistics from the University of Regina indicate that approximately 350 Canadians succumb to fatal workplace injuries annually.
While regulatory charges for safety breaches have been levied in Johnston’s case, his loved ones advocate for more severe consequences. Johnston’s family, including his mother Kim Ivison, emphasize the need for criminal charges to hold accountable those responsible for workplace fatalities.
In rare instances, criminal charges can be pursued under the “Westray law,” an amendment to the Criminal Code implemented in 2004 following the Nova Scotia mining disaster of 1992. This legislation enables the prosecution of company officials for negligence causing death or manslaughter, carrying potential life imprisonment upon conviction.
Despite the existence of the Westray law, its application remains infrequent. Advocates, such as the United Steelworkers union, advocate for increased criminal prosecutions to instill a stronger deterrent effect within workplaces.
Workplace safety consultant Rob Stewart asserts that enforcing criminal charges under the Westray law could serve as a preventive measure against future fatalities. However, Stewart notes a lack of awareness and training among legal authorities and investigators regarding this law.
In Johnston’s case, investigations by Alberta Occupational Health and Safety and Calgary Police highlighted safety violations, leading to regulatory charges against his employer, Mr. Mike’s Plumbing. The legal process will determine the accountability and potential criminal implications.
Former Crown attorney David Myrol emphasizes the complexity of prosecuting workplace safety cases, citing the higher burden of proof required for criminal charges compared to regulatory violations. He underscores the significance of ensuring meaningful accountability to protect workers and prevent future tragedies.
Johnston’s family and girlfriend await the outcome of the legal proceedings, hoping for justice and accountability. Their grief and loss underscore the urgent need for enhanced safety measures and stricter enforcement to prevent similar incidents in the future.
