Canada Labour Code Prosecution: Remwan Carriers Ltd.

The incident

On November 27, 2019, an employee of Remwan Carriers Ltd. ("Employee 1") was assisting another employee of Remwan Carriers Ltd. ("Employee 2") load coupling stock pipes onto a flat deck trailer in the company yard located in Rocky View County, Alberta. While Employee 2 was positioning the last pipe into place, the back end of the pipe slid out, fell to the ground, and bounced. Employee 1 instinctively tried to catch the pipe and approximately 3-4 feet of the pipe fell onto their abdomen area. The employee died during surgery due to the serious injuries they sustained.

Prosecution

Following an investigation by the Labour Program, on November 24, 2021, Remwan Carriers Ltd. was charged with four offences under Part II of the Canada Labour Code ("the Code").

On August 14, 2023, the Provincial Court of Alberta (the Court) found Remwan Carriers Ltd guilty on one count – failing to ensure the health and safety of an employee was protected by failing to provide training and education on the safe work procedures for loading pipes on flat deck trailers, thus contravening section 124 of Part II of the Code, the result of which was the death of an employee, thereby committing an offence under section 148 (1) of Part II of the Code. At the sentencing hearing on November 21, 2023, the Court imposed a fine of $150,000.