Éditeur : LEXISNEXIS
ISBN papier: 9780433501930
Parution : 2019
Code produit : 1382103
Catégorisation :
Livres /
Droit et sciences juridiques /
Droit et sciences juridiques /
Droit du travail
Format | Qté. disp. | Prix* | Commander |
---|---|---|---|
Livre papier | En rupture de stock** |
Prix membre : 109,25 $ Prix non-membre : 115,00 $ |
*Les prix sont en dollars canadien. Taxes et frais de livraison en sus.
**Ce produits est en rupture de stock mais sera expédié dès qu'ils sera disponible.
Written by Norm Keith, LL.M., rated by Lexpert as the most frequently referred lawyer in Canada for occupational health and safety and related regulatory and corporate crime matters, this book takes you systematically through the details, case law interpretation and implications of the "Westray Bill" as well the crime of workplace manslaughter. It has been 15 years since Bill C-45 was passed into law. Bill C-45 was a Criminal Code amendment that created the indictable offence of occupational health and safety (OHS) negligence. Norm Keith, a partner in a leading Canadian national law firm and a renowned, international expert on OHS issues, wrote the first in-depth analysis of Bill C-45, and its implications for workplace health and safety practices, in the book's 2004 second edition, then updated in the book’s 2014 third edition. In this fourth edition, the author reviews 15 years of all the cases that have been prosecuted under this legislation. Book Features •Provides a background to the Westray Bill, including a review of the facts of the Westray mine disaster, public inquiry, and the legal political and legislative responses and recommendations from that public inquiry •Covers "lessons learned" from the Metron Construction disaster and prosecutions under the Criminal Code and Occupational Health & Safety Act •Provides a section-by-section review of Bill C-45, which creates a legal duty to take "reasonable steps" to prevent workplace injury and death •Gives a comprehensive overview on OHS law in Canada, and how it is enforced •Describes how OHS offences are prosecuted under Bill C-45 •Outlines ways in which employers can avoid workplace accidents •Dedicated chapter to international trends in workplace health and safety crimes What’s New in This Edition • A new chapter on manslaughter in the workplace - A completely new chapter is introduced dealing with the crime of manslaughter in the workplace. The Fournier case resulted in the conviction of an individual for manslaughter arising from a workplace fatality. While one case cannot be reasonably described as a trend, the use of this crime in the context of a workplace fatality, is an important development in the law. •Statutory and case law developments in the law of workplace health and safety crimes in the last five years , including R. v. Kazenelson [2015] O.J. No. 3370, R. v. Kazenelson [2018] O.J. No. 452, R. v. Detour Gold Corp. [2017] O.J. No. 5290 •New/ Additional Appendices which include the above mentioned cases for ease of reference Table of contents Chapter 1: Introduction Chapter 2: Background to the Westray Bill Chapter 3: The Law of Criminal Negligence Chapter 4: Detailed Analysis of Bill C-45 Chapter 5: Manslaughter in the Workplace Chapter 6: Enforcement of Criminal Offences Chapter 7: International Trends in Workplace Health and Safety Crimes Appendix Index