RCMP did not provide adequate protective equipment in Moncton tragedy: verdict

A Moncton, N.B. judge has found the RCMP guilty on one of four charges under the Canada Labour Code related to the shooting of five Mounties, three of whom died, by Justin Bourque on June 4, 2014.

In a 64-page written decision, Judge Leslie Jackson deemed the federal police force guilty of failing to provide adequate use-of-force equipment and training for the situation, according to CBC News reporter Tori Weldon, who announced the verdicts in the Sept. 29 court proceedings live on her Twitter account.

But Judge Jackson found the RCMP not guilty of two other charges of providing sufficient information, instruction or training when responding to an active shooter in an open environment. He stayed another charge of failure to protect the health and safety of all workers, which he deemed to be similar to the guilty charge.

The case has been adjourned until Nov. 23, the sentencing date, Weldon tweeted.

Bourque was charged with three counts of first-degree murder after a lengthy manhunt located him two days after the shooting. He had killed Constables Fabrice Gevaudan, 45, Dave Ross, 32, and Douglas Larche, 40, in the incident; two other officers had been sent to a hospital with non-life-threatening injuries (COHSN, June 16, 2014).

Bourque was sentenced to life imprisonment with no chance of parole for 75 years in Oct. 2014.

RCMP management reportedly did not attend court, but the force did issue a statement from its Ottawa headquarters shortly after the verdict was announced.

“The RCMP respects the judicial process, and will review the decision and consider next steps,” the statement read.

The force added that it would continue to implement the Dec. 2014 recommendations by now-retired Assistant Commissioner Alphonse MacNeil on responding to incidents like the Moncton tragedy.

“The health and safety of our employees continues to be the top priority of the RCMP,” the statement said. “Today’s verdict will not change the tragic reality that on June 4, 2014, we lost three friends and colleagues – and nearly lost more – to the actions of one man.

“The murders… continue to affect us all, none more than the friends, family and colleagues of our fallen and injured members. Our thoughts remain with them.”

A previous RCMP statement claimed that the force had made “significant improvements in supervision, training, equipment, communications and aftercare” in response to MacNeil’s review of the incident.

Weldon quoted Crown prosecutor Paul Adams on Twitter following the verdicts. Adams declined to discuss possible fines that the RCMP may face, but acknowledged “some new ground in respect to how the Canada Labour Code is applied.”

Icing conditions caused fatal plane crash in northern Ontario

PICKLE LAKE, Ont. – A new investigation report from the Transportation Safety Board of Canada (TSB) has concluded that ice accumulation led to a plane crash that killed a pilot near Pickle Lake on Dec. 11, 2015. At about 9 a.m. that day, a Cessna 208B Caravan left Pickle Lake Airport with a load of cargo destined for Wapekeka Airport, but the aircraft struck trees and terrain and was destroyed ten minutes later, stated the report, which was published on Sept. 28 of this year. The TSB investigation revealed that ice accumulation on the plane had seriously degraded the vehicle’s performance with aerodynamic stall. In addition, Wasaya Airways Limited conducted the flight according to the company’s typical practice of operating in icing conditions without assessing the safety risks appropriately. “Without effective risk-management processes, aircraft may continue to be dispatched into forecast or known icing conditions that exceed the operating capabilities of the aircraft, increasing the risk of degraded aircraft performance or loss of control,” the TSB wrote in the report.

Automaker convicted, fined for 2015 worker accident with press

BRAMPTON, Ont. – An automaker has been fined $140,000, plus a standard victim fine surcharge, for its role in a workplace accident that left an employee unconscious and injured at its Brampton assembly plant on July 26, 2015. That day, three workers with FCA Canada Inc. were performing annual preventative maintenance on the clutch of a D-Line Press, a machine that helps build vehicle panels, according to a court bulletin from the Ontario Ministry of Labour (MOL). While the employees were removing bolts from the clutch, two bolts sprung out at a high speed, and the clutch spring assembly struck one worker in the head. The MOL investigated the incident and determined that the bolts were deteriorating and fracturing from the force applied to the clutch spring assemblies during every press cycle. FCA later pleaded guilty in the Ontario Court of Justice in Brampton to failing to take every precaution reasonable to protect its employees, and Justice of the Peace Samantha Burton passed sentence on Sept. 27 of this year.

RCMP officer injured by man ramming her car before fleeing

KELOWNA, B.C. – The Kelowna detachment of the RCMP has arrested a 66-year-old man who is accused of injuring a female Mountie by ramming his vehicle into hers before fleeing police on Sept. 24. According to a news release from the detachment, officers from both the Kelowna and Lake Country RCMP responded to a call about a man yelling erratically outside of his residence at 12:50 p.m. that day. “Officers… immediately began efforts to de-escalate the situation,” Corporal Jesse O’Donaghey, an RCMP media-relations officer, said in a press statement. “The male retreated to his personal vehicle, [with] which… he proceeded to ram one of the police vehicles twice prior to fleeing the scene.” One of the Lake Country officers sustained non-life-threatening injuries from the incident and was still recovering as of Sept. 25, the release noted. Cpl. O’Donaghey added that police had monitored the suspect’s vehicle with the help of unmarked police vehicles and the Southeast District RCMP Air Services. Officers soon apprehended the suspect under the Mental Health Act at his home and transported him to a hospital for medical assessment. He is now facing unspecified charges.

WorkplaceNL observes Musculoskeletal Injury Prevention Week

ST. JOHN’S, N.L. – The workers’ compensation board for Newfoundland and Labrador has declared Sept. 24-30 to be Musculoskeletal Injury Prevention Week, during which it is urging workers to lift, push, pull and handle heavy materials more safely. A news release from WorkplaceNL stated that it had launched an awareness campaign to encourage prevention of these injuries with the slogan, “How would YOU handle it?”, offering practical tips such as getting help with big loads and using mechanical aids if possible. WorkplaceNL safety advisors are working with employers to devise practical ways to prevent injuries. “Musculoskeletal injuries can impact the quality of every aspect of a worker’s daily life,” WorkplaceNL CEO Dennis Hogan said in a press statement. “Our goal this week, and throughout the year, is to help employers and workers recognize how musculoskeletal injuries may happen and to provide them with solutions so people do not get hurt.” Nearly 70 per cent of the province’s lost-time injury claims over the past five years have resulted from musculoskeletal injuries, and about 1,600 N.L. healthcare workers are injured while handling patients every year, according to information from WorkplaceNL.

Prison goes into lockdown following possible drug exposure

After a recent incident in which a group of correctional officers might have been exposed to fentanyl, the Joyceville Institution near Kingston, Ont. was locked down for a major search from Sept. 13 to 19.

Rob Finucan, Ontario regional president for the Union of Canadian Correctional Officers (UCCO), said that the alleged drug exposure had occurred while the guards had been searching cells in the federal prison. During the search, the officers suddenly felt as if they were intoxicated, he explained.

“We’re not sure if it was fentanyl,” said Finucan. “The one guy had recently had a surgery, so had pain medication, and he said it almost felt the same way as when he had the pain medication.” Doctors have often legally prescribed fentanyl as a pain reliever.

The officers underwent immediate medical examinations, “and I think their heart rates were elevated a bit, but nothing serious,” added Finucan. “So they went home, and they all said they’d slept for 12, 13 hours. And then the next day, they were fine.”

Following the incident, Joyceville’s assessment unit was locked down at 1 p.m. on Sept. 13, to enable staff to conduct an “exceptional search,” according to a news release from Correctional Service Canada (CSC). The release added that CSC was committed to preventing contraband in federal correctional facilities.

CSC did not indicate whether the lockdown was connected to the incident, but Finucan later confirmed that it had been.

“The union executive there said, ‘Okay, let’s search,’” he said. “They didn’t, and then finally, after a day and a half of arguing, they agreed to lock it down and search the entire institution.”

Joyceville’s assistant warden of management services did not respond to COHSN’s request for comment. But a second CSC release on Sept. 19 announced that the lockdown had ended and that normal operations at the prison had resumed.

“Correctional Service Canada… is strengthening measures to prevent the entry of contraband into its institutions in order to ensure a safe and secure environment,” the latter release stated. “CSC also works in partnership with the police to take action against those who attempt to have contraband brought into correctional institutions.”

Finucan noted that contraband is the most common way that drugs like fentanyl enter prisons and that there had been exposure incidents in the federal system. “They’ve had to use the naloxone on several officers in the prairie region,” he said, adding that fentanyl had been discovered at the Warkworth Institution near Campbellford, Ont. and that incidents had occurred at the Pittsburgh and Collins Bay facilities in the Kingston area.

UCCO has been lobbying to improve staff protections against drug contamination in federal correctional facilities. “What we want to do is make sure that we have a solid national protocol,” said Finucan. “We’d like to make sure that at every site, the officers have the equipment necessary if there is searching” for fentanyl or other drugs, he said. “The gloves, the goggles, the long-sleeved shirts and all that to protect them.”

Another protective measure that UCCO has recommended is that employees wear hoods in the mail rooms and other vulnerable areas. “And that’s probably the main thing,” said Finucan.

Built in 1959, the Joyceville Institution is located about 20 kilometres northeast of Kingston. It has a rated capacity of 752 inmates, according to its profile on the CSC website.

Approach to violence in hospitals causes rift in union negotiations

Contract talks broke down between the Ontario Hospital Association (OHA) and the Canadian Union of Public Employees (CUPE) on Sept. 21, following what the union refers to as the employer’s unwillingness to confront workplace violence.

The OHA has been bargaining for a new collective agreement with the union’s Ontario Council of Hospital Unions (OCHU) since June, according to a CUPE news release. But CUPE claimed that the association had refused to address the issue of violence against hospital employees, the level of which has been rising in the province in recent years.

“Ontario hospital staff, including those that we represent, are the most productive in Canada. While we have modest economic expectations, we did expect that the hospitals would address the problem of violence in our workplaces,” OCHU president Michael Hurley said in a media statement. “Despite widespread evidence of an epidemic of violent assaults against healthcare staff, Ontario’s hospitals have little interest in bargaining constructive measures to reduce and prevent workplace violence.”

Hurley added that OCHU was proposing solutions that would protect employees and patients in bargaining. “However, the hospitals have refused to engage in meaningful dialogue [on] this very important issue,” he said.

The CUPE release claimed that almost half of direct-care hospital staff report assaults by patients or their relatives every year. In addition, violent incidents are very likely underreported, as employees fear reprisals from management, the union stated.

Among the measures that OCHU has proposed to the OHA to deal with the problem: protection against reprisals; personal alarms for all staff; flagging potentially violent patients in internal systems; increased staffing in emergency departments and psychiatric units; improving reporting systems between the Crown and healthcare institutions; and providing counselling to workers who are assaulted.

“Regrettably this far,” said Hurley, all of these recommendations “have been completely rejected by the hospitals.”

“Many hospital staff have been beaten so badly, they will never work again,” OCHU secretary-treasurer Sharon Richer said in a statement. “We are incredibly disheartened that the hospitals are refusing to address this huge problem in collective bargaining.”

In May, nurses with CUPE and Unifor raised the issue with Ontario Premier Kathleen Wynne and the provincial Liberal government, appealing for assistance.

The Ontario chapter of CUPE represents 27,000 hospital workers at120 hospital sites across the province, including nurses, cleaners and dietary, administrative and trades staff. The vast majority of healthcare workers in the province are women, the union said.

Teen arrested for threatening pair of transit workers

WINNIPEG, Man. – The Winnipeg Police Service (WPS) has charged an 18-year-old man for uttering threats to two Winnipeg Transit employees early in the morning on Sept. 20. According to a WPS news release, the young man was sleeping on a bus, and the bus driver and a transit supervisor were trying to wake him up. The teen awoke and caused a disturbance, becoming aggressive and threatening both workers, police said. General patrol officers with the WPS responded to a call about the incident at about 12:15 a.m. and noted that the man was bound by a recognizance requiring him to leave a bus if ordered. Tyrell Marquel Cornish was arrested and charged with uttering threats and failing to comply with recognizance, police said.

Pilot program to promote women in leadership roles via mentoring

CALGARY, Alta. – A new mentoring program through Alberta Status of Women aims to increase gender equality in the province’s workplaces by expanding leadership opportunities for women. According to a media release from the Alberta government, Status of Women Minister Stephanie McLean launched the six-month program in Calgary on Sept. 20. The initiative will match female workers with leaders in engineering, construction, finance, academia and business development. These mentors will share advice, connections and opportunities with protégés to assist them in their careers, the release added. “All women in Alberta deserve an equal opportunity to succeed, but still face systemic inequalities,” said McLean in a press statement. “Women do double the unpaid care work, get paid less for equal work and are less represented in senior roles. By connecting women with personal champions, we unlock their economic potential and help remove barriers.” Only 39 per cent of senior management positions in Alberta are held by women, the release noted. The government plans to evaluate the mentorship program next spring, before deciding whether to expand it to other sectors and locations.

Calgary officers shoot man threatening them with weapons

Police officers in Calgary shot and seriously injured a man during a domestic-violence call on the evening of Sept. 20, after the man allegedly threatened the officers with undisclosed weapons.

A lengthy press statement from Ray Robitaille, acting chief of the Calgary Police Service (CPS), said that the officers had been called to a residence in the northeast section of the city at about 4:15 p.m. that day, following a report that a man had assaulted several people at the home before fleeing. Police soon located the suspect barricaded in a garage in another neighbourhood, and family and friends deduced from text messages that he was in distress.

“Officers contained the scene and attempted verbal communications with the man for approximately an hour and a half, in an effort to have him surrender peacefully,” Acting Chief Robitaille explained in the statement. “Officers believed the man was armed with a weapon.”

The suspect exited the garage at about 8 p.m. and confronted the officers with “weapons,” Robitaille added. Police deployed a Taser and firearms on the man, who was taken to a hospital in serious condition.

Robitaille said that the suspect is “known to police,” but did not release his name or age. Local media reports have identified him as Damon Parisian, stating that he is believed to be in his 30s.

The Alberta Serious Incident Response Team is investigating the incident. Robitaille noted that the CPS is cooperating fully with the investigation, which is focusing on three of the officers involved.

“They… responded to this call in a timely manner, taking all the necessary steps to ensure public safety and the safety of our officers,” he said about the three CPS members. “Their patience and due diligence was exceptional. Significant attempts were made to peacefully resolve the situation, but their duty to protect both the community and their fellow officers led to actions that stopped the threat.”

Charges are pending in the domestic-violence case, which police are investigating.

Robitaille’s statement stressed that the CPS’ priority is to protect both the community and fellow officers. “Every single day, our officers are faced with dynamic situations in which the preservation of life is always paramount,” he said. “Our members do everything possible to resolve a situation before ever drawing and discharging a firearm.”

Out of almost 220,000 service calls so far this year, the CPS has pointed firearms at a citizen in only 15, said Robitaille.

He added that the CPS’ Domestic Conflict Unit had received almost 1,500 calls over domestic incidents over the previous month, nearly 340 of which had involved violence.

Canadian Occupational Health and Safety News