No charges in deadly Neptune Technologies and Bioresources explosion

After reviewing the investigation report produced by the Sherbrooke Police following the 2012 fatal explosion that killed three workers and injured about 40 others at the Neptune Technologies and Bioresources plant in Sherbrooke, the Director of Criminal and Penal Prosecutions (DPCP) concluded that it cannot be reasonably satisfied that it was able to establish the guilt of anyone. As a result, no criminal charges will be filed in this case.

Two prosecutors conducted a thorough review of the facts contained in the report to assess whether it revealed the commission of any criminal offenses. The prosecutors produced an analysis of their decision, which was submitted to their deputy chief prosecutor for a final decision. The families of the deceased have been informed of this decision by a public prosecutor, with the exception of a family that has not been contacted as yet.

Criteria for a decision to prosecute

In criminal law, the burden of proof that the prosecution must satisfy is very demanding. Due to the principle of the presumption of innocence, the prosecution must prove beyond a reasonable doubt the guilt of the accused in court. After reviewing the investigation report, the prosecutor must first assess the sufficiency of the evidence, taking into account all admissible evidence, including that which might support the defense. At the conclusion of this analysis, the prosecutor must be reasonably convinced that the accused can be found guilty. Where appropriate, it also considers the criteria relating to the appropriateness of prosecution with regard to the assessment of the public interest.

The standard for a decision to initiate a prosecution is provided for in the ACCP-3 directive. Most public prosecutors in Canada have guidelines that impose a similar standard. In addition, the courts recognize that this standard is more demanding than the mere reasonable and probable grounds to believe that a person has committed an offense. They also consider that a lower threshold for prosecution would be inconsistent with the role of the prosecutor in his capacity as an officer responsible for ensuring respect for and pursuit of justice, prosecutor is to ensure that justice is done. Consequently, the prosecutor does not seek to obtain a conviction at any cost and must avoid charges if the evidence is insufficient. The prosecutor must make a professional assessment of the legal basis of a prosecution and it is not his personal opinion on guilt that matters. His or her review must remain objective, impartial and critical. The decision to prosecute is a discretionary decision taken by the prosecutor in the performance of his professional duties without fear of judicial or political interference and without yielding to media pressure.

Event of November 8, 2012

On November 8, 2012, an explosion occurred at the Neptune plant, whose main activity was the manufacture of krill oil often used in food supplements. The explosion caused the deaths of three workers and injured about 40 others. It was the direct result of an acetone spill which took place during one of the production phases. The exact causes of the spill and explosion are unknown, although several hypotheses have been put forward but no cause of the explosion can determined with certainty.

Legal analysis

With respect to possible criminal negligence charges, all possible avenues were assessed and there was insufficient evidence to establish the guilt of anyone.

Mere negligence in the performance of an act or failure to perform an obligation imposed by law is insufficient to find criminal negligence. The Criminal Code also requires that such conduct be negligent in that it reveals a "careless or reckless disregard for the life or safety of others". Guilty conduct must therefore represent "a marked departure from the standard of conduct of a reasonably prudent person", thus distinguishing civil fault from criminal misconduct.

Neither Neptune Technologies Bioresources nor any of its employees can be considered negligent to the standard required in criminal matters.