Vancouver Sun

No charges laid in fatal mill fi re

Crown points fi nger at questionab­le WorkSafeBC investigat­ion in Burns Lake.

- DENE MOORE AND MIKE HAGER

Nearly two years after an explosion killed two workers at a Burns Lake sawmill, the Crown has said there will be no charges, citing a questionab­le investigat­ion by the province’s worker safety agency.

WorkSafeBC’s investigat­ion into the fatal Jan. 20, 2012 fire at the Babine Forest Products mill left significan­t evidence inadmissib­le in court, the province’s criminal justice branch said Friday.

“Based on the evidence that would likely be available for presentati­on by Crown counsel in court, the branch has concluded that there is no substantia­l likelihood of conviction for any of the regulatory offences recommende­d by WorkSafeBC,’’ the Crown statement said.

No charges will be laid under provincial workers’ compensati­on or occupation­al health and safety legislatio­n, which could have carried administra­tive penalties of jail time of up to six months for individual­s, as well as fines. An earlier RCMP investigat­ion ruled out criminal charges.

A series of blasts and an ensuing fire at the mill killed Robert Luggi, 45, and 42- year- old Carl Charlie. Twenty other employees were injured and the mill was destroyed.

Attorney General Suzanne Anton said in a statement that she was confident that the Crown had “conducted a thorough and careful review of this matter” and that no special prosecutor would be appointed to reconsider charges against the mill.

WorkSafeBC will release its investigat­ive report some time next week and has said it has not ruled out fining Babine over the deadly explosion.

The main concerns raised by the Crown include the failure of WorkSafeBC to obtain search warrants or inform witnesses — like the owner of the mill’s Oregon- based parent company — of their Charter rights before taking statements.

“In this particular case the Crown concluded that ... what had begun as an inspection had evolved into an investigat­ion, and that has different evidentiar­y requiremen­ts,” Crown spokesman Neil MacKenzie said. “Clearly determinin­g whether or when an inspection has become an investigat­ion can be a legally complex issue, but the law’s been clear for a number of years that regulatory investigat­ors have more restricted powers than those that are enjoyed by safety inspectors, who have a different mandate.”

The Crown is “certainly available” to discuss issues with agencies like WorkSafeBC during the course of an investigat­ion, but was not contacted until months after the explosion when WorkSafeBC signalled its intent to request charges, MacKenzie said.

With evidence that would have been admissible, there was “a sufficient factual underpinni­ng’’ for a number of provincial violations, the branch said, but the Crown felt the company had a viable defence of due diligence.

On Friday, Crown lawyers met with workers and family members of the men who died in Burns Lake to advise them of the decision. Trieu Nguyen, who works at the mill, said the meeting was “intense.’’

“A lot of people were crying, lots of people mad,’’ said Nguyen, whose brother was badly injured in the fire and no longer works at the rebuilt sawmill.

Jeff Dolan, director of investigat­ions for WorkSafeBC, was not available for an interview but posted a statement on the agency’s website.

“Our officers attended the Babine site within hours of the explosion and fire and remained at the site for 13 weeks, conducting one of, if not the largest, scene examinatio­n in the history of WorkSafeBC and the province,’’ Dolan said.

Dolan defended the record of the “evolving investigat­ive methodolog­y” employed by his organizati­on for “at least the past decade.” He also noted that the 2011 conviction of the owners of a Langley mushroom farm were fined more than $ 350,000 under the Workers’ Compensati­on Act charges after three employees were killed and two others suffered permanent brain damage.

Before this investigat­ion, Dolan said the Crown had approved charges in 31 cases investigat­ed by WorkSafeBC between 1996 and 2010, 24 of which resulted in conviction­s.

Since April 2012, WorkSafeBC has “progressiv­ely adopted the theories and methodolog­ies of major case management” Dolan’s statement said. In its own statement, the Crown said at the time of the Babine explosion, WorkSafeBC wasn’t using any standard methods for managing a large case, which “left important issues partly or wholly unexamined.”

The investigat­ion did not come up with a conclusive cause for the fire but did determine it ignited in the basement, setting alight combustibl­e sawdust.

The possibilit­ies of what started the initial fire range from an open flame to static or friction from an electric motor. Once it began, both an in- house and external expert agreed that the dust exploded in a fireball through the mill.

A few months later, in April 2012, another dust- related explosion at the Lakeland Mills in nearby Prince George killed two workers — 43- yearold Alan Little and 46- year- old Glenn Roche.

Though disappoint­ed with Friday’s decision, Nguyen said he doesn’t worry about his safety working at the rebuilt mill.

“I think they learned their lesson,’’ he said. “It was a pretty big accident.’’

Burns Lake Mayor Luke Strimbold said the town is still struggling with the tragedy, and he said every developmen­t is tough on the survivors and the victims’ families.

“I think people are trying to understand the decision,’’ he said, adding community members are anxious to see the report next week.

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 ?? JONATHAN HAYWARD/ THE CANADIAN PRESS FILES ?? A series of explosions and an ensuing fire at Babine Forest Products mill in Burns Lake in January 2012 killed two men and injured 20. On Friday, B. C.’ s Criminal Justice Branch said that no criminal or regulatory charges will be laid in connection with the incident.
JONATHAN HAYWARD/ THE CANADIAN PRESS FILES A series of explosions and an ensuing fire at Babine Forest Products mill in Burns Lake in January 2012 killed two men and injured 20. On Friday, B. C.’ s Criminal Justice Branch said that no criminal or regulatory charges will be laid in connection with the incident.

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