Ontario's Ministry of Labour has elevated the charges against Algoma Steel from Provincial Offences Court to the Ontario Court of Justice in relation to the events that resulted in the 2023 death of Damien Bryant, a 21-year-old contract worker from Sudbury.
The charges have not been tested in court.
A spokesperson for the Ministry of Labour, Immigration, Training and Skills Development said the Crown can choose to have a case in front of a judge.
“Under section 68(2) of the Occupational Health and Safety Act, the Crown is permitted to elect to have a matter proceed before a provincial judge as opposed to a justice of the peace," the spokesperson said.
Although Bryant was an employee of GFL, Algoma Steel is ultimately responsible for the health and safety of all employees on site, including contractors.
In a separate civil case, Algoma Steel is seeking $2 million in damages from GFL, the company it contracted to clean the coke oven gas main.
Algoma Steel alleges breach of contract and negligence in relation to Bryant's death and claims negligence, breach of statutory duties and breach of contract.
To date, GFL has not filed a statement of defence and the claims made by Algoma Steel have not been proven in court. An email sent by SooToday to GFL president and CEO Patrick Dovigi was not immediately returned.
Documents filed in civil court earlier this month by Algoma Steel state under no circumstances were workers supposed to enter the 36" coke oven gas main, which carried coke oven gas from the plant's steel byproducts facility to its plate and strip hot mill.
Three charges were laid on May 2, 2024 in connection with the June 15, 2023 incident that resulted in the death of Bryant, who was working at the plant as a contract worker employed by GFL Environmental Inc.
Laid under the Occupational Health and Safety Act, the charges allege that Algoma Steel failed "as an employer to provide information, instruction and supervision to a worker to protect the health and safety of a worker," and failed to ensure that two specific regulations regarding "confined space entry" were complied with.
Algoma Steel will make its first appearance in Ontario Court of Justice next month.
Some other cases involving the death of a worker have been elevated to the Ontario Court of Justice from the Provincial Offences Court, including a 2013 case against Brampton-based Roofing Medics Ltd. where the supervisor of a worker who fell and died was given a 10-day jail sentence.
In a 2013 incident at Brampton-based furniture importer and retailer New Mex Canada Inc., two directors of the company were each sentenced to fines and 25 days in jail after a worker was denied proper fall protection while using an order-picking forklift at a warehouse and died.
