The New Brunswick Court of Appeal has upheld the conviction of a construction site supervisor for criminal negligence causing the death of an 18-year-old worker at a Fredericton construction site. The also dismissed the supervisor’s appeal of his sentence, affirming a three-year imprisonment.
The case centred on the supervisor’s failure to implement essential safety protocols during a leak test at the wastewater treatment plant construction site in 2018. The incident occurred in a confined space within a partially constructed clarifier, where the young worker — M.H. — was working under unsafe conditions. The Court noted the supervisor’s “marked and substantial departure” from the standard expected of a reasonable site supervisor, which directly contributed to the fatality.
Unsafe conditions and lack of precautions
The construction project, managed by Springhill Construction under the oversight of Canada British Consulting Limited (CBCL), involved complex confined space work. M.H., a recent high school graduate, drowned in a confined space during a test initiated by the supervisor without adequate safety measures.
The supervisor, who had significant trade experience but no formal supervisory training, directed M.H. and another worker to operate in the confined space. Despite knowing the area required confined space protocols, he failed to conduct a hazard assessment or implement a safety plan. Critical safety equipment, including a pneumatic plug used to control water flow, was improperly installed, exacerbating the risks.
During the leak test, the supervisor initiated the water flow without informing the workers of the heightened dangers. The improperly inflated plug detached under the pressure of 32,000 litres of water, leading to M.H.’s entrapment and subsequent drowning despite rescue efforts.
Legal reasoning and judgment
The Court rejected the supervisor’s appeal arguments, which included claims of procedural errors in admitting his WorkSafeNB interview as evidence and misapplication of the legal test for criminal negligence.
It determined that his WorkSafeNB statement was voluntary and admissible, despite the absence of one investigator, as sufficient context was provided through other testimony.
The Court emphasized his failure to meet the basic duties of a site supervisor, including understanding and applying safety protocols, as a gross deviation from industry standards. The decision also highlighted his awareness of the confined space hazards and his conscious disregard for safety regulations.
Sentencing considerations
In dismissing the sentence appeal, the Court found the three-year prison term proportionate to the severity of the offence. While the sentencing judge considered mitigating factors, such as his community involvement and remorse, they noted the aggravating factor of a prior manslaughter conviction. The Court ruled that the sentence appropriately balanced denunciation, deterrence, and rehabilitation.
For more information, see King v. R, 2025 NBCA 12.
