February 13, 2016
Criminal Code – Prison Sentence: The effect of the Kazenelson criminal law decision on legal advice to workers.
In concluding a case commentary in the previous issue of this newsletter, I asked: “Has Kazenelson changed the rules of engagement for going to work? Should workers worry about this?”
In this polemic, I try to explain why my answers are: yes & yes.
The Kazenelson case is the first major conviction under the Westray-changed Criminal Code. On 11 January 2016, he was sentenced to 3½ years in prison; that sentence is being appealed. It was a contested criminal trial, as distinct from a trial under the Occupational Health and Safety Act.
Read more on this analysis in the February 2016 – Clinic Newsletter.
Further commentary on this analysis is available in the August 2016 – Clinic Newsletter.