Criminal Negligence and OHS: conviction of manslaughter

Release date: March 6, 2018

On March 1, 2018, excavator Sylvain Fournier was found guilty of manslaughter when his employee, Gilles Lévesque, died at work in 20121. He was replacing a water pipe. Certain legal and regulatory requirements were not met to ensure safe working conditions and Mr. Lévesque was buried in a trench. Some Quebec companies have already been convicted of criminal negligence and sentenced to pay significant fines. However, no significant prison sentence has been imposed on an individual, business owner or employee supervisor. Yet in Ontario, a site manager found guilty of criminal negligence was given a 3.5-year prison sentence2. Four employees under the supervision of this manager fell to their deaths from the 13th floor when the platform they were on gave way. Unfortunately, to the full knowledge to their supervisor, they were not wearing their safety harnesses. The hearing on the sentence that will be given to Mr. Fournier will not take place until May 9. But this conviction already sends a clear message to employers who would be tempted to neglect health and safety at work.


1.  R. c. Fournier2018 QCCQ 1071.

2.  R. v. Kazenelson2015 ONCS 3639, recently upheld by the Court of Appeal of Ontario, 2018 ONCA 77.


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