A legal document filed on behalf of the Crown corporation asserts the judge who heard the case made multiple mistakes.
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The Saskatchewan Power Corporation (SaskPower) has appealed its convictions and $840,000 in fines stemming from the deaths of two linemen in Weyburn.
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On Oct. 8, 2020, Scott Bill and Cole Crooks were working over 15 feet above ground in a bucket truck when the bucket tipped. They died as a result of the incident, and charges were brought against SaskPower under The Occupational Health and Safety Regulations and The Saskatchewan Employment Act.
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According to Judge Michelle Brass, who presided over the trial, neither of the men had their fall arrest lanyards hooked up when the incident occurred.
Brass found SaskPower guilty of failing to “provide and maintain plant, systems or work and working environments that ensure, as far as is reasonably practicable, the health, safety and welfare at work of the employer’s workers.”
Further, SaskPower was found guilty of failing “to provide any information, instruction, training and supervision that is necessary to protect the health and safety of workers at work.”
The final charge on which SaskPower was found guilty essentially pertained to the workers being allowed to work at heights without properly tying off through the use of fall arrest equipment.
Brass delivered her sentencing decision on Oct. 18 of this year, at which time SaskPower lawyer Matthew Schmeling said payment of the fines could be made “forthwith,” meaning without delay.
On the date of sentencing, Ken Hoste of the International Brotherhood of Electrical Workers (IBEW) Local 2067 — a union which represents SaskPower workers — said he hoped the decision would help “bring closure to the families.”
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Schmeling filed a notice of appeal on Nov. 14, indicating that the Crown electricity provider is appealing its convictions and sentence.
The document outlines seven grounds of appeal on which SaskPower intends to rely. All seven suggest Brass made mistakes in her decision.
These include claims that the judge relied on hearsay evidence, made errors of fact, drew unsupported inferences, misinterpreted the law, imposed the incorrect standard of liability, misapprehended evidence, and failed to consider evidence.
The legal document also asserts the judge made errors in assessing SaskPower’s due diligence defence in multiple ways, including in failing to “consider the rogue acts of the workers.”
With regard to the sentence Brass imposed, SaskPower’s notice of appeal asserts she placed “insufficient weight on mitigating factors.”
Further, the Crown corporation’s document states the judge relied on “inadmissible evidence and/or impermissible inferences not grounded in the evidence at trial in support of the sentence imposed.”
The document, filed with Weyburn’s Court of King’s Bench, asks the court to set aside the convictions and enter acquittals on all counts.
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In the alternative, the Crown corporation is seeking an order directing a new trial.
The union did not provide a comment with regard to the appeal.
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