Correspondence from United Steelworkers re: Stop the Killing and Enforce the Law
A letter from the USW district director urging council support for more rigorous enforcement of workplace safety laws (Westray Law).
June 16, 2014
Dear Mayor and Councillors,
In 2004, the House of Commons came together in historic fashion to unanimously pass the Westray Act. The legislation came in response to the horrific Westray coalmine explosion in Nova Scotia that killed 26 miners on May 9, 1992, and after a strong lobby campaign by the United Steelworkers to demand "No More Westrays".
The legislation was intended to hold corporate executives, directors and managers criminally responsible for workplace deaths. Ten years later, approximately 10,000 Canadians have been killed on the job, yet not one corporate executive has faced a single day in jail.
In response to this shameful record, our union has launched a campaign to "Stop The Killing and Enforce The Law", which asks provincial, territorial and federal governments to work together to ensure that workplace deaths are taken seriously and that, where warranted, the Westray Law is enforced.
As part of this campaign, we are asking City Councils to pass resolutions expressing their support for proactive action to protect workers. Though not an area of municipal responsibility, we recognize you as community leaders and this is a community issue. There is no place in Canada that has not been touched by workplace deaths, and your voices are needed to encourage senior levels of government to take steps to enforce the Westray Law.
Already communities across Canada have endorsed the enclosed resolution, including Toronto, Sudbury, St. Sault Marie, Hamilton in Ontario, Nanaimo, Burnaby, Lake Cowichan, New Westminster, Port Alberni, Mission in British Columbia, and Flin Flon in Manitoba.
I respectfully request that your council consider adding its voice by passing this resolution, and sending it to your provincial municipal association. In doing so, you will be sending a message to senior levels of government that it is time to work together to Stop the Killing, and Enforce the Law.
We would be pleased to have a representative from our union make a presentation to your council to provide additional information. Please contact Health & Safety Coordinator Ron Corbeil at 604-683-1117 or rcorbeil@usw.ca to schedule.
Thank you for your consideration.
Sincerely,
Stephen Hunt Director
copy:
- Scott Lunny, Assistant to the Director
- Ron Corbeil, USW D3 Health & Safety Coordinator
- USW Staff Reps
our ref: 1920-100 Westray
SAMPLE RESOLUTION
Enforce the Westray Amendments to Canada's Criminal Code
WHEREAS it has been more than two decades since the Westray mine disaster in Nova Scotia and a decade since amendments were made to the Criminal Code of Canada to hold corporations, their directors and executives criminally accountable for the health and safety of workers; and
WHEREAS police and prosecutors are not utilizing the Westray amendments, and not investigating workplace fatalities through the lens of criminal accountability; and
WHEREAS more than 1,000 workers a year are killed at work
THEREFORE BE IT RESOLVED that this Council support a campaign to urge our federal/provincial/territorial government to ensure that:
- Crown attorneys are educated, trained and directed to apply the Westray amendments;
- Dedicated prosecutors are given the responsibility for health and safety fatalities;
- Police are educated, trained and directed to apply the Westray amendments;
- There is greater coordination among regulators, police and Crown attorneys so that health and safety regulators are trained to reach out to police when there is a possibility that Westray amendment charges are warranted.
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