Charges stayed against Ministry of Labour for 2006 mining death

Charges laid in relation to the 2006 mining death of Raymond Campeau have been stayed to allow for further investigation. 

Attorney’s General office complex prosecutions bureau director John Corelli explained the Crown’s decision during a court appearance in Sudbury on Wednesday.

His office was asked to conduct an independent review of both the reasonable prospect of conviction and public interest, “which are the two essential components of any criminal prosecution,” Corelli explained.

Campeau was killed in 2006 while he was working as a mechanic at Podolsky Mine in Capreol. Since that time, his widow, Fay Smith, has been in and out of the courts in an attempt to hold both the mine’s owner and the Ministry of Labour accountable. 

In March, Smith, along with her attorney, Toronto lawyer Michael Lacy, began a private prosecution, which was then taken on by the Sudbury Crown’s office and now the provincial office, where lawyer Lorne Goldstein took over as it is a conflict for the local office.

The private prosecution was given the go-ahead by Justice Leonard Kim and resulted in all parties being charged with criminal negligence causing Campeau’s death. 

But there have been delays, with the attorneys for the defendants stating in the last appearance they had yet to receive disclosure. 

In an interview after the charges were stayed on Sept. 18, Lacy told our sister site Sudbury.com: “We've waited this long, we'd much prefer an informed decision be made than a rash one.”

A 2008 coroner’s inquest into Campeau’s death determined that it was caused by equipment failure. A winch failed because required engineered tie-offs had not been installed to secure it.

An earlier safety inspection identified the winch as a significant safety hazard and ordered that it be fixed.

In the now Crown prosecution, those charged have now retained representation. 

Ted Ofiara, deputy director of litigation for the Department of Labour is appearing on behalf of Ontario’s Ministry of Labour and Dan Beaulieu, an inspector for the ministry at the time. 

Brian Gover will represent the former Dynatec Corp., Glenn Sandberg will represent former employees Chris Stewart and Stylianos Kontonikolas, and miner Terry Jibbs is represented by lawyer Berk Keaney. 

A full history of the case can be read in past Sudbury.com coverage by clicking here.

Now that Crown charges have been stayed, the trial is not going to go forward and, at least for the moment, there is going to be no further court action to seek a verdict. 

In addition to rectifying concerns about Goldstein’s missed court appearances (he was not yet assigned the case, and therefore didn’t appear) Corelli said on Wednesday that while he understood the desire to move forward, it is important to appreciate that the charges were not the culmination of a police investigation. 

“Mr. Goldstein must gather the relevant information and materials from various sources, including from the private informant, and we are grateful for the assistance we have received in that regard to date,” Corelli said. 

“However, it is apparent that this exercise cannot realistically be conducted while the charges are proceeding through the Ontario Court of Justice. Accordingly, I am directing that the charges be stayed pursuant to section 579 of the Criminal Code.”

He added that this would allow the Crown to properly assess the case and consider whether this case will proceed to prosecution. 

“If the Crown's review of the relevant material supports a reasonable prospect of conviction, and if public interest in proceeding, then we will ensure that the file is ready for prosecution when the charges are reinstated,” Corelli said.  

Though Ofiara said the Crown has “unfettered discretion” to stay the charges, he, Sandberg and Keaney all registered their displeasure with the stay. 

Sandberg said they are still “actively in pursuit of disclosure information.” 

“We want the record to reflect that all of us are concerned for the right to make full answers in defense and 11b rights of our respective clients.” 

Ofiara noted that Goldstein indicated that the stay was being done to protect the rights of the accused. Specifically, the rights afforded under Sec. 11b of the Criminal Code: the right to trial within a reasonable time.

“I don't know how that works, because really what it is doing is buying more time to stop the 11b clock from running, and it's also giving the Crown more time to produce whatever disclosure they're going to do, which they haven't done in the last four months,” Ofiara said. 

“I'm very disappointed in the letter that I received, because in no way does this protect the ministry’s or Dan Beaulieu’s rights. We can litigate that at some point in time later, when there's an abuse of process brought, if these charges are reinvigorated.” 

Aditi Iyer, representative for Smith’s lawyer Lacy, was in court for the proceeding and briefed him after. 

Lacy told Sudbury.com he and his client provided the Crown “an extensive brief of documentation and information that had been compiled by my client over the years, together with a written letter from us outlining the viability of a prosecution and why it was important in the public interest for the prosecution to proceed.” 

He said rather than make a rushed decision, “which, frankly, is what has happened in the past,” the Crowns undertaking the review want more time to consider the extensive material made available to them. 

“As we understand it, this is not a decision to permanently stay the proceedings that are before the court,” Lacy told Sudbury.com. 

“Obviously, my client, Ms. Smith, has been waiting for justice in this case for a long time. We would have liked a decision to be made before today, but we're grateful, at least at this stage, that the Crown has indicated that they're taking their time to review the material that's been made available.”

The Crown now has 12 months to reinstate the charges. 

Jenny Lamothe covers court for Sudbury.com