No criminal or regulatory charges in deadly Burns Lake mill blast: Crown

Watch: Unfiltered – No charges laid in Burns Lake blast

VICTORIA – No criminal or regulatory charges will be laid in connection with an explosion and fire that killed two workers at a Burns Lake, B.C., sawmill.

The Criminal Justice Branch says that based on the evidence provided by WorkSafeBC there is no substantial likelihood of conviction against the Babine Forest Products sawmill.

The blast in January 2012 also injured 20 people.

Last September, WorkSafeBC submitted a report to the branch for an assessment on whether charges under provincial legislation should be laid against the company.

The branch says the charge assessment analysis included consideration of a viable defence of due diligence.

Crown lawyers were meeting with the mill workers and family members of those who died in Burns Lake today to advise them of the decision not to approve charges.

Kathleen Weissback, whose husband Dirk was critically injured that night, was present at the meeting.

Weissback told Jill Krop on Unfiltered tonight she was crushed to find out no criminal charges would be laid.

“I could feel the emotion of hurt,” she says. “I was in disbelief. I was very disappointed, because not only my husband and I, but other families have suffered so much… It took the wind right out of me because we were not expecting — just nothing.”

Derek MacDonald survived the fire, but sustained serious injuries.

MacDonald says he was in shock when he first heard the news.

“My jaw just dropped. Two of my friends are gone, 18 of my friends were injured and yet there is nothing to justify what happened to us,” says MacDonald. “It all felt like the carpet was lifted and we were all swept right under.”

BC Criminal Justice Branch says Crown Counsel has concluded that the manner in which WSBC conducted parts of its inspection/investigation would likely render significant evidence that it gathered inadmissible in court.

“My reason for speaking to the admissibility of evidence is to preserve the public’s trust in our investigations, which WorkSafeBC has worked very hard to earn, and to maintain public confidence in our investigations,” says Jeff Dolan, WorkSafeBC Director of Investigations.

Criminal Lawyer Paul Doroshenko says investigators went in as though they were going in for a compliance investigation and did not think about charter rights.

“It does not seem like they turned their minds to the issue of the charter rights of the company. As the result evidence that they acquired would not be admissible for certain provisions of the legislation, which is the harsh punishment provisions,” says Doroshenko.

Employment laywer Jason Koshman says although the Crown has decided not to proceed with charges under the Workers’ Compensation Act, penalties can still be brought against the sawmill owner.

“It is not over,” says Koshman. “I think just the criminal aspect of it is over.”

Company CEO Steve Zika said in a statement, “While we are pleased no criminal or regulatory charges will be approved by Crown Counsel, we never will forget the terrible tragedy and the resulting effects on our employees, their families and the community of Burns Lake.

We have done our best in the aftermath to care for our affected employees and their families and mitigate the impact on the community.”

VIDEO: Burns Lake mill explosion victim loses financial support (Nov. 21)