Canadian corporate criminal liability in workplace fatalities: evaluating Bill C-45

Abstract

The purpose of this research is to examine the effectiveness of the Bill C-45 amendments to the Criminal Code in addressing workplace fatality incidents. This research involved both qualitative and quantitative research and utilized two research methods. The first method involved a secondary analysis of thirty-eight Incident Investigation Reports completed by WorkSafeBC. These were supplemented with additional case information about these incidents provided via the Freedom of Information offices in British Columbia. The second method utilized nine semi-structured interviews with respondents in the field of occupational health and safety and corporate criminality who were familiar with the Bill C-45 amendments. The study found that employers could be found liable in half of the cases examined; that there appeared to be unique characteristics of British Columbia that effect the use of criminal charges; that the criminal law is not very effective in cases of criminal negligence for workplace fatality; and that improvements could be made to the criminal law.