Case against employer may get tossed for excessive delays, says Crown prosecutor
The Crown is calling on the Saskatchewan government to soon set the trial date to hear about the deadly explosion in Newfoundland and Labrador.
One worker died and seven others were injured in the explosion at the Come By Chance refinery in 2022.
In July, two year after the incidebt, Occupational health and safety (OHS) charges were filed against Braya Renewable Fuels and Lorneville Mechanical Contractors in relation to the incident.
Braya Renewable Fuels is facing 11 charges, including failure to provide and maintain the necessary equipment, systems, and tools to ensure a safe workplace, and failure to ensure safe work procedures were followed. Lorneville Mechanical Contractors is facing three charges, primarily for failing to ensure the health, safety, and welfare of its workers.
However, no pleas have been entered and no trial dates have been set at this point, according to a CBC report.
"I know this trial, if it does go to trial, is likely going to be lengthy," Crown prosecutor Shawn Patten told the court on Thursday, according to the report.
"It's going to be a month or so."
Patten said it may take six months from whenever a plea is entered to get the trial started. And the “Jordan deadline” for the case falls in January 2026.
The deadline refers to the Supreme Court of Canada’s decision about unreasonable trial delays, which sets a limit of 18 months for provincial court trials to be concluded after charges are laid.
"I certainly don't want to have a trial in this matter late in the fall [of 2025] going into winter, because then we could run into Jordan problems if there are delays," Patten said.
The case is due back in court Dec. 19 for a status update.
In July, the United Steelworkers (USW) – the union representing refinery workers – welcomed the charges against the firms related to the explosion, but stressed the need for further action.
Glenn Nolan, president of the USW local representing Braya refinery workers, emphasized the emotional toll on workers and the need for answers. “It’s a lot of stress and pain today,” Nolan said. “A lot of emotions, a lot of anger. And the answers are not all there yet, but OHS got their job done.”
