The Crown attorney's office in Ontario has formally appealed the acquittal of a landscaping supervisor charged in connection with a fatal workplace electrocution that occurred in 2023. The move seeks a new trial for Steven Deans, a supervisor at Best Green Hedges, who was found not guilty of criminal negligence causing death last November.
The Fatal Incident and Initial Trial
The tragedy unfolded on May 5, 2023, in Manotick. Nicholas Chenier, a 20-year-old employee, was trimming hedges on a residential property under Deans' management. The battery-powered trimmer he was operating came into contact with a live 16,000-volt power line. Chenier was electrocuted and pronounced dead at the scene approximately one hour later.
Following a 10-day judge-only trial that concluded in September, Ontario Court Justice John MacFarlane acquitted Deans in November. The judge ruled that the Crown, represented by prosecutor Anne Fitzpatrick, had not met the high burden of proof required for a conviction. The defence, led by lawyer Mark Ertel, did not present evidence.
Grounds for the Crown's Appeal
In a notice of appeal filed on Friday, December 12, the Crown Law Office – Criminal Division argues that Justice MacFarlane made errors in law. The central contention revolves around the judge's interpretation of the Criminal Code regarding the legal duty of care owed by supervisors and employers.
During the trial, the Crown argued Deans showed a "reckless disregard" for Chenier's life by failing to identify and warn of the dangers posed by the overhead power line. However, in his oral decision, Justice MacFarlane stated there was no evidence presented that Deans was aware of the specific hazards at that worksite. The judge also noted the Crown did not establish an industry standard defining a supervisor's duty to ensure workers stayed outside the 3-metre (10-foot) "limit of approach" to power lines, which is crucial for proving a marked departure from reasonable conduct.
Seeking a New Trial and Next Steps
The appeal document requests an order to set aside the acquittal and to order a new trial on the same criminal negligence causing death charge. Defence counsel Mark Ertel has confirmed receiving the notice. The case now moves to the Ontario Court of Appeal, where a panel of judges will review the trial record and legal arguments to determine if a miscarriage of justice occurred.
This appeal highlights the ongoing legal scrutiny of workplace safety responsibilities and the threshold for criminal liability in fatal occupational incidents. The outcome could set a significant precedent for how the duties of supervisors are interpreted under criminal law in Canada, particularly in industries with inherent physical risks.
