Special offi cers had power to probe fatalities

Contradicts WorkSafeBC position that constable status only applies to fraud investigations

WorkSafeBC has had special constables with the power to investigate fatalities since 2007 and expanded the program in 2013, according to an internal document obtained by The Vancouver Sun.

The information in the company news document — “Constables among us” — appears to contradict information WorkSafeBC provided Wednesday to The Vancouver Sun that said special constable status only applied to fraud investigations.

Special constables must be trained how to conduct interviews and seize evidence so it can stand up in court, issues at the heart of the Crown’s rejection of charges in January in the deadly Babine Forest Products dust-fuelled explosion two years ago.

Families of the killed workers Robert Luggi Jr, 46, and Carl Charlie, 42, as well as the United Steelworkers union, continue to call for an independent inquiry into the investigation and lack of charges.

WorkSafeBC said Wednesday in an email that special constable status only applies to fraud investigators. But the April 8, 2013, document touts a program in place since 2007 that gives the special constables “the authority to conduct full criminal

They are circling the wagons, there’s no question.

SUSAN EPP

BUSINESS MANAGER, COMPENSATION EMPLOYEES’ UNION

investigations into fraud, misrepresentation, compliance issues, and fatal and/ or serious workplace incidents.”

Gurpreet Natt, manager of client services for WorkSafeBC, is quoted in the document: “We can apply for court orders, execute search warrants, and get direct access to Crown counsel for advice and official legal opinions on criminal prosecutions.”

Investigation services coordinator Nels Justason also commented in the document.

“Investigating incidents has become easier and more efficient, and we get better results,” he said.

In rejecting charges on Jan. 10 in the Babine case, the Crown said some evidence would likely not be admissible in court because WorkSafeBC investigators had not used search warrants or warned those they interviewed of their Charter rights to remain silent.

The Crown also noted the mill owners would likely have had a good argument of due diligence.

WorkSafeBC responded that it had conducted its investigation in a similar fashion for two decades, a system that had netted both charges and convictions in court.

WorkSafe declined again Thursday to provide an official for an interview on the special constable status.

In an email Thursday, WorkSafeBC spokeswoman Trish Knight Chernecki said they stood by their response from Wednesday. She said that WorkSafeBC officers who investigate fatalities and serious injuries do not have special constable status.

WorkSafeBC did not respond to a question on why special constable status wasn’t conferred on WorkSafeBC officers conducting fatality investigations, given the significance of those investigations.

“They are circling the wagons, there’s no question,” said Compensation Employees’ Union ( CEU) business manager Susan Epp of WorkSafeBC’s reluctance to talk about the special constable status.

The CEU represents about 2,500 unionized workers at WorkSafeBC, including its investigators.

Epp said the union has not heard any direct complaints about the level of training from investigators, but would be examining the issue and making recommendations if needed.

The April 2013 internal document says WorkSafeBC started discussing the use of special provincial constables because it was difficult to pursue criminal charges for serious violations of the Criminal Code or B. C.’ s Workers’ Compensation Act.

WorkSafeBC consulted the Justice Institute of B. C. and organizations such as ICBC, which already had special constables.

When an agreement was reached in 2007 with the province, 17 investigators were made special constables. By 2013, that number had grown to 24.

Said Gurpreet Natt: “With this kind of capacity, we know WorkSafeBC is helping to make workplaces safer.”

The internal document backs up information in the 2007 agreement with the solicitor general obtained by The Sun in a freedom of information request.

That agreement showed special constables could be appointed to conduct formal investigations on fraud, but also fatal and serious workplace incidents.

The agreement outlines that WorkSafeBC investigators who have special constable status must have knowledge of the procedures for obtaining and issuing subpoenas, of search provisions under the Criminal Code, court processes including rules of evidence, the procedures and authorities needed to seize evidence for administrative and/ or criminal processes and the Charter of Rights and Freedoms.

In the B. C. legislature Thursday, the NDP renewed its call for the government to launch an independent inquiry into the investigation and rejection of charges in the Babine explosion.

That call was reiterated given the WorkSafeBC- solicitor general agreement revealed the tools to do a proper investigation existed as far back as 2007, said NDP labour critic Harry Bains.

“They failed to use those tools in this investigation,” he said.

Labour Minister Shirley Bond responded in the legislature that while there were issues with the investigation, they would be fixed through the recommendations from an internal review conducted earlier by John Dyble, Premier Christy Clark’s deputy minister.

Bond was unavailable Thursday for an interview.