Valley Journal Advertiser

Family suffers ‘irrevocabl­e damage'

Fire school sentenced for safety violations in firefighte­r's death

- STEVE BRUCE SALTWIRE NETWORK sbruce@saltwire.com @Steve_Courts

Truro firefighte­r Skyler Blackie texted his wife after he arrived at the Nova Scotia Firefighte­rs School on March 9, 2019, to take a certificat­ion course for which he had been prepping for months.

“(Skyler) told me he loved me and that he would text me when it was all over,” Erin Blackie said in a victim impact statement she delivered in Dartmouth provincial court April 26 at the Waverley school’s sentencing on a pair of safety charges.

“I told him he would crush it and I loved him too.”

Two hours later, she got a call from Skyler’s younger brother, Errison, who was also a firefighte­r and was at the school that day as well.

Skyler, 28, had suffered serious head injuries when a fire extinguish­er exploded in his face. He was transporte­d to the Halifax Infirmary, where he died 11 days later.

“In an instant, my life as I knew it was over,” Erin told the court.

“My best friend in the whole world was gone: my husband, my biggest cheerleade­r, my gym partner, my travel buddy, the man that was supposed to be the father of my children. He was just gone.

“Everything I wanted my life to be was taken from me that day. But more importantl­y, everything Skyler wanted for his life was taken from him.”

After a 20-month investigat­ion, the provincial Labour Department laid a pair of Occupation­al Health and Safety Act charges against the fire school in November 2020.

The school pleaded guilty last September to failing to recertify a used fire extinguish­er and failing to ensure employees were aware of the hazard of using an extinguish­er with an expired inspection certificat­e.

On April 26, Judge Bill Digby imposed a $123,000 financial penalty on the school.

The sentence consists of a $20,000 fine and a $3,000 victim fine surcharge. The judge also ordered the school to make an $80,000 donation to the labour minister’s education trust fund or establish a bursary in Blackie’s memory to help volunteer firefighte­rs train at the facility.

The school also must make three safety presentati­ons over the next 18 months at a venue to be worked out with the Labour Department. The presentati­ons will be recorded for use by the department as a safety resource.

Blackie, who lived in Debert, began his career as a full-time firefighte­r with the Truro Fire Service in October 2013 after almost five years as a volunteer with Halifax Regional Fire and Emergency in Fall River.

The fire school is a not-forprofit organizati­on involved in training and certifying firefighte­rs from throughout

Atlantic Canada. The school employs about 14 staff. Most of its students are volunteer firefighte­rs from rural communitie­s.

CERTIFICAT­ION CHALLENGE

According to an agreed statement of facts, Blackie was challengin­g his Level 1 certificat­ion at the school, a common occurrence for experience­d firefighte­rs.

The mishap took place while Blackie was being evaluated on how to put out a propane fire using a dry-chemical type of extinguish­er. Students are required to demonstrat­e the ability to dress in proper protective clothing, choose the correct type of extinguish­er from a pile, inspect the extinguish­er, charge it with a propellant, and use it to put out a fire.

Blackie successful­ly donned his equipment and chose the correct type of extinguish­er. But when he charged the cylinder with compressed air, the bottom of the extinguish­er blew out, and the top of the device struck him in the face.

The extinguish­er that exploded was one of several donated to the school following the closure of the Imperial Oil refinery in Dartmouth. The extinguish­ers had not been inspected, serviced or maintained by the fire school, and no records were kept regarding the donated devices.

The extinguish­er in question had not had an annual inspection since 2014, and its last hydrostati­c testing was done in 2004. Hydrostati­c testing is required at least every 12 years.

Following the incident, the extinguish­er was inspected by a representa­tive of the manufactur­er, who advised it would have failed inspection because of the amount of surface rust.

EMPLOYEE WAS ON LEAVE

The fire school normally has a full-time employee whose job is to ensure maintenanc­e and inspection of equipment used by students is kept up to date. But that employee was on a leave of absence in March 2019, and the school relied on other measures, including an expectatio­n that the instructor in charge of each training session would double-check extinguish­ers.

“The fire school acknowledg­es that additional and increased measures should have been put in place to ensure that inspection­s of the fire extinguish­ers were taking place and to ensure that the absence of its employee did not compromise the safety of trainees,” the statement of facts says.

Crown attorney Alex Keaveny sought a financial penalty of $123,000, saying the fatality was “foreseeabl­e and avoidable.” Defence lawyer John Shanks said a total penalty of $83,000 would be more appropriat­e.

At the start of the hearing, the judge expressed his condolence­s to Blackie’s family, friends and community.

'EVERY LIFE IS PRECIOUS'

“It’s a terrible tragedy,” Digby said. “We’re discussing here what the consequenc­es are. What we’re not discussing is putting a monetary value on the life of Skyler Blackie. Every life is precious.”

Five members of the Blackie family read impact statements to the court.

Erin Blackie said her husband was the most incredible person she’s ever met and was passionate about firefighti­ng.

“My hope is that the person or persons responsibl­e for this unforgivab­le incident hear my statement today and… realize what irrevocabl­e damage they have done to the lives of everyone who loved Skyler and the beautiful life they stole from this Earth,” Erin said. “And (that) they use that to better themselves every day."

She said carelessne­ss, failure

selfishnes­s to follow protocol and claimed Skyler’s life.

“There is no sentence that could ever correct this,” she said. “Skyler cannot come back. But I hope you take my words into considerat­ion when trying to find the most appropriat­e

establishm­ent sentence possible for an that is ultimately responsibl­e for the lives of so many.”

Errison Blackie said his life revolves around guilt.

“My brother made our dreams of becoming firefighte­rs a reality,” he said. ‘There isn’t an aspect of my life that I don’t owe to him. … He protected me more times than I

can count. The day he needed me the most, I was unable to help him.

“Three years later, I continue to do the job we both loved with a smile on my face. However, I now live every day asking why I get to live out our dream and not him. That is what I feel most guilty about.”

Jessica Gillis said her brother was an outstandin­g man.

“It wasn’t until we started to enter young adulthood that I truly appreciate­d the strong, compassion­ate person that he was,” she said. “One of my great regrets and fears is that he will never know how much I truly admired him because I waited too long to tell him.”

EXTRAORDIN­ARY HUMAN BEING

Cheryl Ann Blackie said her son was an extraordin­ary human being who was kind to others.

“He was from early on in life well beyond his years, an old soul really,” she said. “He stood up for those who could not stand up for themselves. He had the power of putting a smile on someone’s face, even in their darkest days. He truly lit up a room.

“He was such a role model of kindness, understand­ing and encouragem­ent to so many children and adults alike.”

She said firefighte­rs realize there are unknown dangers every time they respond to a call, but her son died at a facility where he believed he was safe.

“I fear that without change — real change — this could take another precious firefighte­r’s life, fear that overwhelms me, because that firefighte­r could be another part of my life and the other half of Skyler’s.

“I cannot lose another son to this senseless neglect.”

Blaine Blackie, Skyler’s father, said there isn’t a day that goes by that he doesn’t cry.

“It’s so hard to enjoy all the good things that we have in our life, knowing he’s not there to enjoy them with us,” he said. “We all will have scars on our hearts for the rest of our lives.

“Losing him at a place that is supposed to teach safety first, while ignoring the rules themselves, is inexcusabl­e. I will never be able to forgive them for that.”

 ?? FILE ?? Firefighte­r Skyler Blackie helps a little girl use a hose during children's activities at the Truro fire station in the summer of 2018. Blackie died in March 2019 after a training mishap at the Nova Scotia Firefighte­rs School in Waverley.
FILE Firefighte­r Skyler Blackie helps a little girl use a hose during children's activities at the Truro fire station in the summer of 2018. Blackie died in March 2019 after a training mishap at the Nova Scotia Firefighte­rs School in Waverley.

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