Iqaluit staff in court over near-fatal Nunavut workplace accident

Lawyers representing the City of Iqaluit, and two as-yet unrepresented city employees, were in court in Iqaluit March 6 to face Nunavut Safety Act infractions that carry hefty possible fines, and even prison terms, if they are found guilty. (FILE PHOTO)

The City of Iqaluit, along with two of its employees, faced a judge March 6 for the first time at Nunavut’s Court of Justice in Iqaluit to respond to charges related to the near-fatal injury of a worker last year.

City worker James Dorrington was nearly crushed to death by a garbage truck in April last year, causing serious injuries and forcing his medevac to Ottawa.

The following July, investigators from the Worker’s Safety and Compensation Commission executed a search warrant searching City of Iqaluit offices and seized documents related to the accident.

The WSCC then formally filed charges against the city and two employees under Nunavut’s Safety Act in January.

City supervisor Keith Baines and the City of Iqaluit now face multiple charges—two and five respectively— for contraventions under the act.

According to the act, each count carries a potential fine of up to $500,000, up to a year in prison, or both, if found guilty.

Baines—along with city worker Ben Kovic Jr.—are also charged under a separate count in the safety act that carries a fine of up to $50,000, six months in prison, or both.

Justice Susan Cooper adjourned proceedings until April 3 after lawyer Teresa Haykowsky, speaking on behalf of the City of Iqaluit, requested disclosure of evidence from WSCC lawyers.

Baines and Kovic Jr., who sat in the courtroom’s gallery, do not yet have lawyers, Haykowsky told the court on their behalf, “at no fault of their own.”

James Dorrington, the victim of the accident, was also present in the courtroom during proceedings.

According to evidence logs filed at the Nunavut court, WSCC investigators seized vehicle maintenance records, training certificates, daily logs, video surveillance, performance reviews, driving licenses and employee files from City of Iqaluit offices during the execution of their warrant.

“The multiple counts allege various offences of the Safety Act and the Occupational Health and Safety Regulations, including failure to maintain an establishment in such a manner as to ensure the health and safety of persons, in accordance with section 4(1)(a) of the Safety Act,” the WSCC said Jan. 30 in a media release issued after charges were laid in January.