Vadim Kazenelson, the project manager for Metron Construction,
was sentenced today to 3˝ years in prison for criminal
This is the longest-ever jail sentence handed down for criminal
negligence under the "Bill C-45" amendments to the
Criminal Code in 2004 that made it easier to convict
workplace supervisors for criminal negligence.
The charges relate to the tragic accident on Christmas Eve 2009
in which four workers – who were not wearing fall-arrest
equipment – fell to their death after a construction swing
stage, on which they were working, failed.
CBC News is reporting that "during
sentencing, Justice Ian MacDonnell said Kazenelson was aware that
fall protections were not in place, but still allowed his workers
to board a swing stage that collapsed, causing five workers to
plummet to the ground."
Mr. Kazenelson has appealed his criminal negligence conviction
and has been granted bail pending that appeal.
According to CBC News, the prosecutor was seeking a jail
sentence of four or five years, whereas the defence was suggesting
a one- or two-year jail sentence.
CBC News reports that Justice MacDonnell said that Mr.
Kazenelson put the company's interest — in particular
getting the work finished ahead of a December 31 deadline —
before the safety of workers when the decision was made to continue
work without safety harnesses.
The June 26, 2015 decision in which Mr. Kazenelson was found
guilty of criminal negligence, may be accessed here.
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