British Columbia 2016 – R. v. Stave Lake Quarries Inc.
Kelsey Ann Kristian, a new employee of SLQ, aged 22, was killed when the rock truck she had been driving flipped and crushed her.
DIFFICULT-TO-UNDERSTAND LACK OF OVERSIGHT
- SLQ had tasked Ms. Kristian with operating a type of heavy vehicle she had never driven alone.
- The vehicle had an air brake system she had no experience with.
- SLQ peads guilty to a charge of criminal negligence causing the death of Ms. Kristian.
- SLQ acknowledges that, via one or more of its officers, the company had shown a total or reckless disregard for Kelsey’s life.
- This was said by Justice Hamilton during sentencing:
“The primary sentencing principle to consider in a case such as this is general deterrence. The penalty imposed by the court must send a strong message to companies who operate unsafe businesses that if those working conditions result in harm to, or the death of, an employee, the consequences for the company will be severe. The fine imposed must be so significant that it cannot be considered simply as a cost of doing business. Other important sentencing principles to keep in mind are specific deterrence and denunciation. The guilty corporation must be stopped from ever committing the crime again, and the sentence should send the message that society cannot tolerate corporations that employ workers in working conditions that are so unsafe that they can lead to bodily harm or death.”
- The total fine was $115,000.