We have extensive experience and a track record of success acting for individuals and entities under investigation by police agencies and WorkSafeBC or charged with offences following serious injuries and fatalities in the workplace. In British Columbia, every serious injury and death in the workplace is investigated for potential criminal liability for offences that include but are not limited to criminal negligence causing bodily harm, criminal negligence causing death, manslaughter by unlawful act, unlawfully causing bodily harm and failure to provide the necessaries of life.

These are complex investigations with an array of agencies and legal issues. We understand the challenges posed by the often overlapping regulatory, criminal, administrative and civil proceedings as well as the application of the Charter of Rights and Freedoms to the various stages thereby seek to achieve exceptional results for our clients in serious workplace injury and fatality cases. We believe the effective navigation of these investigations requires an understanding of administrative law, criminal law, constitutional law, and their interplay as well as mastery of the underlying facts in order to properly appreciate our client’s jeopardy, and what risks must be avoided. We carefully consider all angles, from what communications to have with the investigators to how / when to resist statutory compulsion, to how to prepare for compelled interviews. Gauging each step also involves a consideration of how the enforcement agency will react and perceiving when the time might be right to engage in pre-charge advocacy to persuade various agencies to not take further action. We are also mindful that private privileged communications may be seized, and appropriate precautions must be taken to protect privilege in the context of internal investigations following incidents. Given our credentials, notable experience and skill at litigating complex and sophisticated investigations, we are sought after for and equally comfortable in providing preventative advice and representation on regulatory compliance matters as we are in providing forceful and effective representation during post-incident investigations and at trials, hearings and appeals.

Our experience in the area of serious workplace fatalities and injuries include some of the highest profile incidents in British Columbia.