In the News
Not Guilty Verdict in Labour Code Trial
Brampton (Ontario) – November 10, 2017 – Today in Ontario Court of Justice, 7506406 Canada Inc. (ORNGE) air ambulance was found not guilty of two offences of failing to ensure employee safety, contrary to s.124 of the Canada Labour Code Part II, for failing to provide pilots with a means to enable them to maintain visual reference while operating at night, resulting in the deaths of Captain Donald Mark Filliter and co-pilot Jacques Dupuy.
They were also found not guilty of failing to ensure the health and safety of their employees contrary to s.124 of the Canada Labour Code Part II by failing to provide adequate supervision for daily flight activities at Moosenee, Ontario, by eliminating the position of Base Manager.
The charges were laid in 2014, following an investigation into the 2013 crash of an air ambulance helicopter during a night-time flight, resulting in the deaths of the pilots as well as flight paramedics Chris Snowball and Dustin Dagenais.
The PPSC has 30 days to decide whether or not to appeal the decision. The decision to appeal is made in accordance with the guidelines in the PPSC Deskbook, a public document.
PPSC not Proceeding with one Charge Against David Livingston and Laura Miller
Toronto – November 3, 2017 – The PPSC announced today that it is no longer proceeding with one of the charges against David Livingston and Laura Miller. At the conclusion of its case, the Crown considered the totality of the evidence before the court at this stage and determined that there was no longer a reasonable prospect of conviction in relation to the breach of trust count and an acquittal on that count was entered by the Court this morning.
Mr. Livingston and Ms. Miller are still facing two charges, namely mischief in relation to data and unauthorized use of a computer system.
When deciding whether to initiate and continue a prosecution, PPSC prosecutors are guided by the decision to prosecute test set out in the PPSC Deskbook, a publicly-available document. Crown counsel must consider two issues: is there is a reasonable prospect of conviction based on evidence that is likely to be available at trial? If there is, would a prosecution best serve the public interest? If the answer to both questions is yes, the decision to prosecute test is met. The test is applied throughout the proceedings, from the time the investigative report is first received until the exhaustion of all appeals.
The Public Prosecution Service of Canada is responsible for prosecuting offences in a manner that is free of any improper influence and that respects the public interest. The PPSC is also responsible for providing prosecution-related advice to law enforcement agencies across Canada.
Commissioner of Canada Elections
Public Prosecution Service of Canada Deskbook
Public Prosecution Service of Canada Annual Report 2016-2017
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