In what is believed to be the first case of its kind, criminal negligence charges have been laid in the death of a worker in B.C.
Kelsey Anne Kristian, 22, was killed at the Stave Lake Quarries in Mission in 2007 when she was pinned by her runaway truck as it rolled onto its side, according to a coroner’s report.
After an investigation by Mission RCMP, Crown counsel has approved charges against James Derek Holmes, Garry Glen Klassen, Stave Lake Quarries Inc., and 426969 B.C. Ltd. in relation to Kristian’s death.
The charges of criminal negligence causing death were filed in Abbotsford provincial court on March 12. The next court date is set for May 12.
Mission RCMP Sgt. Shaun Wright said that following their investigation, which he believed started a couple of years ago, police provided a file to Crown that recommended charges.
B.C. Criminal Justice Branch spokesman Neil MacKenzie said as far as he was aware it was the first workplace criminal negligence charge to be brought in B.C., although he said he didn’t know if there were any cases before the 1990s.
The mines ministry said it was the first such charge for a workplace death at a mine or quarry.
United Steelworkers western director Steve Hunt said the case had progressed slowly, with the charges coming eight years after the incident, but he added that the union is pleased.
“The whole (criminal negligence provision) was designed to be a deterrent. But it’s not a deterrent if you don’t use it,” said Hunt.
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