Emily Gofton vividly remembers the life-altering moment in June 2023 when she received a fateful call that forever changed her world. “When I got the call, I knew immediately… that gut feeling,” recalls the 24-year-old. The heartbreaking news was about her boyfriend, Liam Johnston, a 27-year-old plumbing apprentice, who tragically lost his life in a trench collapse incident while working on a sewer project at a Calgary residence.
Despite her swift arrival at the scene, Emily never saw Liam alive again. Experts believe he succumbed within minutes under the weight of soil and concrete blocks, with firefighters taking nine hours to recover his body. Johnston became one of the approximately 350 Canadians who annually perish from work-related traumatic injuries, as per the latest findings from the University of Regina.
While regulatory charges for safety breaches in his demise may result in fines upon conviction, Emily Gofton and Johnston’s family are advocating for criminal charges in this instance, emphasizing that mere fines are inadequate. Kim Ivison, Johnston’s mother, expressed the need for punitive measures that would deter future incidents. In a country where criminal charges for workplace fatalities are uncommon, calls for a shift in this approach are gaining momentum among legal experts, labor organizations, and safety professionals.
The enactment of the “Westray law,” a 2004 amendment to the Criminal Code inspired by a tragic 1992 mining disaster in Nova Scotia, allows for the prosecution of company officials, including executives and managers, in cases of workplace fatalities. This law has the potential to hold accountable those responsible for ensuring workplace safety, with the possibility of severe penalties, including imprisonment, upon conviction.
Despite the existence of the Westray law, instances of charges and convictions remain infrequent. The United Steelworkers union advocates for more aggressive criminal prosecutions to instill a sense of accountability among employers, as fines for workplace incidents are often perceived as a routine cost of business.
Rob Stewart, a workplace safety consultant, underscores the importance of police investigations into workplace fatalities, advocating for enhanced awareness and training on the Westray law among legal authorities and investigators. Stewart believes that more criminal charges under this legislation could serve as a deterrent against future tragedies.
In Johnston’s case, investigations revealed violations of Alberta regulations regarding trench safety measures, leading to regulatory charges against his employer, Mr. Mike’s Plumbing. While criminal charges are yet to be determined, the legal process is ongoing, with the company’s response awaited during the upcoming court proceedings.
Considering the complexities of prosecuting workplace fatalities under the Westray law, former Crown attorney David Myrol emphasizes the necessity of a careful and strategic approach to ensure successful convictions. Myrol cautions against merely increasing charges, stressing the importance of establishing criminal liability based on clear evidence of negligence leading to the tragic incident.
As Johnston’s loved ones await further developments in the case, their grief remains palpable. Despite the profound loss, they hold onto hope for accountability and justice, with a desire to see those responsible facing consequences under the law. Emily Gofton continues to honor Liam’s memory, advocating for change and accountability in the wake of his untimely passing.
