Emily Gofton recalls the life-altering day in June 2023 when she received a phone call that shattered her world. The voice on the line informed her that her boyfriend, Liam Johnston, a 27-year-old plumbing apprentice, had been trapped in a trench collapse while working on a sewer project in Calgary. Despite rushing to the scene, she never saw Liam alive again, as experts believe he succumbed within minutes under the weight of debris, requiring nine hours for firefighters to retrieve his body.
Based on the latest data from the University of Regina, Johnston became one of approximately 350 Canadians who perish annually due to work-related traumatic incidents. Although there are regulatory penalties for safety breaches leading to his demise, his loved ones are advocating for criminal charges, emphasizing the need for more severe consequences to deter future tragedies.
In the realm of Canadian workplace fatalities, the imposition of criminal charges is a rarity, prompting calls for a shift in the legal landscape from various quarters, including legal experts, labor organizations, and safety advocates. The Westray law, a legislative amendment to the Criminal Code inspired by a 1992 mining catastrophe in Nova Scotia, allows for the prosecution of corporate entities or individuals, such as company owners or executives, in cases of workplace deaths. Despite its potential, the utilization of the Westray provisions remains limited, with only a few convictions and prison sentences since its inception over two decades ago.
United Steelworkers union (USW) is urging more robust criminal prosecutions in workplace fatality cases, citing a lack of deterrent effect from existing measures. Workplace safety consultant Rob Stewart underscores the importance of enhanced awareness and training among legal authorities and investigators regarding the Westray law to foster a preventive impact on future incidents.
In Johnston’s situation, investigations by Alberta Occupational Health and Safety (OHS) and Calgary police highlighted safety violations concerning trench depth regulations. While regulatory charges have been brought against Johnston’s employer, Mr. Mike’s Plumbing, criminal charges are pending a decision by Alberta’s Crown prosecution office. Johnston’s family and girlfriend continue to seek justice and accountability, advocating for potential criminal prosecution under the Westray law for those responsible for his untimely death.
The quest for justice extends beyond mere fines, as Johnston’s loved ones hope for tangible consequences, emphasizing the enduring impact of his loss on their lives and the necessity for stricter enforcement to prevent similar tragedies in the future.