Criminal charge laid in 2023 hedge trimming death; company owner pleads guilty to Ministry of Labour charge
The supervisor of a 20-year-old man who died after he was electrocuted while trimming hedges in Manotick in May 2023 has been charged with criminal negligence causing death.
Ottawa Police charged Steven Deans, 38, a manager with Best Green Hedges, on Wednesday.
"This is the first time in the city of Ottawa, the area close to the city of Ottawa, that a criminal negligence causing death charge has been laid against an employer or a supervisor of the company," said Sean McKenny, the president of the Ottawa and District Labour Council. "And our hope for sure is that it sends a message to other employers that health and safety is important, that the workers at a workplace deserve to be treated with respect and health and safety and the legislation that exists to protect those workers is applied all of the time. All of the time that they're at the workplace, no matter what they're engaged in doing at the workplace."
Nick Chenier was working for Best Green Hedges at the time of his death. Chenier was electrocuted when he hit an overhead hydro line that was buried within the hedge.
The Ministry of Labour laid five charges against the company, its owner, and Chenier's supervisor.
Among them, the ministry said the company and supervisor failed to ensure that the tools or other equipment capable of conducting electricity were not used in proximity to live electrical lines.
At court Thursday, owner of Best Green Hedges, Sheldon Best Green, pleaded guilty to the Labour Ministry's charge of failing, as a director, to take all reasonable care to ensure that the corporation complied with the Occupational Health and Safety Act and its regulations.
In her victim impact statement, Nick Chenier's mother Jennifer Chenier said, "Unsafe working conditions ended his life that day. I don’t know if I will ever feel joy or happiness again… a part of me died that day."
Chenier's father Dan Chenier said, "He was becoming a man with his entire life in front of him" and added that the "only salvation" is that his death may save lives through more education and training.
Best Green addressed the family, saying, "I am truly sorry for what happened and for the devastation you’ve been living with. It is not lost on me that I lost someone I was responsible for."
All charges laid by the Ministry of Labour against the company Best Green Hedges have been withdrawn given the owner's guilty plea. The judge imposed a $45,000 fine. With a victim surcharge, the total comes to $56,000. Best Green has 18 months to pay it.
"I don't understand a lot of what went on in there and I don't understand this outcome," Jennifer Chenier said outside of court. "That a young man, someone's son, someone's brother is gone forever and to hear $50,000, I don't get this. I just don't get it. This is not fair. The penalty should have been far, far worse."
The charge against Deans remains but that matter has been adjourned to May 30, given criminal charge he faces.
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