Nunavut judge adjourns Iqaluit Safety Act charges; settlement possible

Safety Act charges against the City of Iqaluit and several employees over a serious accident in April 2016 has been postponed in court yet again while the Crown, and city lawyers, try to settle the case before a trial ensues. (FILE PHOTO)

A Nunavut judge has granted one more extension in a long-standing process involving Safety Act violations alleged against the City of Iqaluit, but both sides believe they can settle the case soon without a trial.

“It’s important that we do it right, not that we do it fast,” Justice Neil Sharkey said in the Nunavut Court of Justice in Iqaluit, Oct. 2. “The defence counsel here is dancing as fast as she can, given the number of people she has to speak with.”

The City of Iqaluit and three city employees face charges under the Safety Act following an incident April 18, 2016, when city worker James Dorrington suffered near fatal injuries after being run over by a garbage truck at the Iqaluit dump.

Under the Safety Act, the parties could be fined or sentenced to jail time.

In July 2016 the Worker’s Safety and Compensation Commission searched city offices under a warrant, and seized related documents.

After that document search, city supervisor Keith Baines was charged with two counts of contravening the Safety Act. The City of Iqaluit also faces five counts of the same.

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 and 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.

This past April the city’s superintendent of public works, Joseph Brown, was charged with three offences under the Safety Act and under Occupation Health and Safety Regulations in relation to the injury.

The three accused and a city representative appeared at the Oct. 2 hearing, either in person or via teleconference.

The WSCC and the City of Iqaluit are still hoping to resolve the charges and avoid a trial.

“Our objective is to finalize the matter. We are not in a position to do that today,” defence lawyer Teresa Haykowsky said. “We are close.”

“It’s taking quite some time to finalize an agreement,” Crown lawyer Narissa Somji said. “At the last court appearance the Crown was of the view that it should be the final adjournment.”

Sharkey scheduled the case for assignment court Nov. 6.