But Crown lawyers claim there was no evidence worker was not fit for work
When engineer Andrew Gnazdowsky drowned and died on the job, he may have been under the influence of cannabis and unfit for the job, according to the defence in the Nova Scotia case.
On Oct. 16, 2020, 26-year-old Gnazdowsky was helping a colleague conduct an underwater mapping called bathymetric survey at Nova Scotia Power's hydroelectric system in Sheet Harbour.
They were using a piece of equipment that was controlled remotely and floated on the surface of the water. The two had travelled from Saint John to collect data at the dam.
On that day, the equipment malfunctioned. Gnazdowsky drowned while trying to retrieve the equipment.
Nova Scotia Power, Gemtec Consulting Engineers and Scientists Ltd. of Fredericton and Brunswick Engineering and Consulting Inc. of Saint John are facing charges for the incident.
However, blood samples taken from the engineer suggest he could have been impaired by cannabis, according to new arguments from lawyers for the defence, according to a CBC report.
In Gnazdowsky's blood was found significant levels of delta-9-tetrahydrocannabinol or THC after his death, said defence lawyers. The accused, therefore, should be acquitted, argued the defence.
“THC is responsible for the way your brain and body respond to cannabis, including causing the high and intoxication,” according to the federal government.
“THC has some therapeutic effects but it also has harmful effects. Harmful effects may be greater when the strength of THC is higher.”
‘No evidence’ worker was impaired, argues Crown
The defence cited the case of Brandon Alcorn, who fell from the Kent Building Supplies store that was under construction in Dartmouth, N.S., in March 2018, according to CBC.
Jeff Gooch – a supervisor and foreman for Insulated Panel Structures who was working at the construction site when Alcorn died – was charged for the incident. Recently, however, a Nova Scotia judge found Gooch not guilty. Justice D. Timothy Gabriel said Alcorn was likely intoxicated when he fell more than five metres to the ground, according to a previous CBC report.
The THC levels in Gnazdowsky’s blood is even higher than the levels found in Alcorn’s samples, according to the defence in the 2020 case.
However, THC can be detected in blood or urine long after smoking or ingesting cannabis products, argued Crown Attorney Alex Keaveny.
Also, Gnazdowsky's supervisor testified there were no signs he was impaired, said Keaveny.
And none of Gnazdowsky's supervisors reported anything unusual about his behaviour on the day he drowned, even though Nova Scotia Power's alcohol and drug policy notes that supervisors should be actively looking for signs of impairment.
"You have no evidence Andrew was impaired," he said. "You have lots of evidence he wasn't."
The trial for Gnazdowsky's case wrapped in the fall, but the case is scheduled to return to Halifax provincial court for a decision on June 18, according to CBC.
