Workers’ Con Boards of Canada Should Be Prosecuted!

It’s been 100 years since the Workers’ Compensation Boards of Canada has been established, Yet throughout this Century – It’s been Proven this System has NOT Worked for MANY SERIOUSLY & PERMANENTLY Injured Employees, and OUR Disabled Veterans, etc.

PLEASE NOTE:  This is not so much as a Fundraising Campaign for MONEY- AS it is -To Create AWARENESS to the SERIOUSNESS of this UNJUST W.C.B. SYSTEM.  This System has Effected US ALL in Some Way- And will Continue to Affect US ALL- Until WE CHANGE IT.


Quote from Video:
“The Ontario Government appointed, Sir William Meredith, an esteemed Lawyer and Politican, to study Workers Compensation Systems around the World- and make recommendations to improve conditions.  In 1913, Meredith crafted a made- in- Canada Workers’ Compensaton Model, Designed to Protect Workers’ and Employers alike”.

The Meredith Report:

What are the Meredith Principles?:

They can be expressed in different ways. However, there are five basic concepts that underlie most workers’ compensation legislation in Canada today.

1. No-fault compensation, which means workers are paid benefits regardless of how the injury occurred. The worker and employer waive the right to sue. There is no argument over responsibility or liability for an injury.

2. Security of benefits, which means a fund is established to guarantee funds exist to pay benefits.

3. Collective liability, which means that covered employers, on the whole, share liability for workplace injury insurance. The total cost of the compensation system is shared by all employers. All employers contribute to a common fund. Financial liability becomes their collective responsibility.

4. Independent administration, which means that the organizations who administer workers’ compensation insurance are separate from government.

5. Exclusive jurisdiction, which means only workers’ compensation organizations provide workers’ compensation insurance. All compensation claims are directed solely to the compensation board. The board is the decision-maker and final authority for all claims.

These principles are a historic compromise in which employers fund the workers’ compensation system, and injured workers in turn surrender their right to sue their employer for their injury.

Another Site Sums up the Meredith Principals as Such:

Meredith principles:
There are various ways of articulating the Meredith Principles.  However articulated, they rest on the Historic Compromise that gave both sides financial security which can be summed up as:

employers would be protected from lawsuits by injured workers and be able to calculate payments as a cost of doing business.
injured workers would receive prompt benefits for as long as the disability lasted in a non-adversarial system.
More specifically the Meredith Principles are:

No Fault
No need to prove the accident was the employer’s fault, no extra charge to the employer.

An inquiry system, based on benefit of the doubt that “seeks to compensate,” and cannot be challenged in court. No blame.

Compensation for as long as disability lasts
Worker can depend on security of benefits based on lost wages and promptly paid. The injured worker was not to become a financial burden on their family or the community.

Employer pays
Employer pays the rates because the costs can be passed on to others (in prices of goods and services, and in wage negotiations). Meredith noted that workers cannot pass the cost on and pay in other ways, including some level of lost income despite the compensation.

Collective liability
Employers pay into single accident fund and do not suffer financial consequences from the cost of a specific accident.

Independent Public Agency
Set up to be a non-partisan organisation to administer claims and assessments. Meredith indicated the system was to provide “full justice” not “half-measures,” to the injured worker. The early WCB had a motto: Justice and Humanity Speedily Rendered

“The Association of Workers’ Compensation Boards of Canada (AWCBC) was founded in 1919 as a non-profit organization to facilitate the exchange of information between Workers’ Compensation Boards and Commissions.”


Unfortunately, the Meredith Principles – In Particular  “2. Security of benefits, which means a fund is established to guarantee funds exist to pay benefits.”, and  3. Collective liability, which means that covered employers, on the whole, share liability for workplace injury insurance. The total cost of the compensation system is shared by all employers. All employers contribute to a common fund. Financial liability becomes their collective responsibility. -of which the Worker’s Compensation Board (W.C.B.) are based on-For Injured Employees- Have Not been Administered in Good Faith by the W.C.B.!

Injured Workers and Veterans- Need Desperate Help.
Despite all the Assets the Workers’ Compenstion Board has, and (AWCBC) was founded for in 1919 as a non-profit organization – Yet Withholds from the Injured Workers and Veterans!



“Under RICO, a person who has committed “at least two acts of racketeering activity” drawn from a list of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period can be charged with racketeering if such acts are related in one of four specified ways to an “enterprise”. Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of “racketeering activity.”

“In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney. Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts.[2]”

Sometimes, Injured Workers and Veterans are Denied Claims at the Start. There are many Injuries the W.C.B. Do not Accept/ Recognize/ and Ignore as Workplace Injuries! Usually, Those whom do have W.C.B. Claims, are left with Many Problems in Dealing with W.C.B., to Try toget these JUST Benefits.

The Rights of an Injured Worker or Veteran – initally will not be told to them; but, they are told of the Benefits they will be ENTITLED TO RECEIVE, by the W.C.B.  The W.C.B., Initially have SYMPATHETIC EARS- UNTIL -The W.C.B. -Have Stripped the Clients of their Rights- THEN- The WORDS of the Worker’s Con Board (W.C.B.) become PATHETIC!

The Clients, then quickly learn = What the Rules and Regulations of the “Workers’ Con Board” are- What was once the “Lawsuits”, have now became “W.C.B.  Appeals & Lawsuits”  -Which Injured Employees must Fight for and “Sometimes take Years, and most workers, Simply can’t afford them”. Nor, do they have the ability to Fight for their Rightful Compensation.

Example: When your previous job which you were injured at -was a 5 min walk away. You will be required to look for work within a 100km radius.

The Worker’s Compensation Board Leaves Many SERIOUSLY and Permanently Injured Workers- to fend for themselves.  Many do no Apply for their Disabily Pensions- and Overlook them- with the Belief the Worker’s Compensation Board will be Helping them with their Benefits they were told they would be Entitled to! They are then Let Down by the W.C.B.!

Because of the Great Difficulties Injured Workers face with the Worker’s Compensation Board Appeals and Legal Battles- their Time to File for a Disability Pension becomes EXPIRED!

What is Left for Many, is Little more than “A PRAYER”!

This is a Quote taken from the WCB of N.S. :


“If workplace injury has impacted you or someone you care about, we are here to help.

At WCB Nova Scotia, we are here to help during this time. We offer benefits to support injured workers and their families. If you’re hurt seriously enough to be off the job, we are here to work with you to do as much as possible to return you to your regular working life.”

Some Injuries, which Involve such things as Repetative Work, which cause Nerve Damage- are Not Visable. Some Workers are not aware of their Injuries they Suffered from Work- or what they are. When they are later diagnosed- it’s difficult to prove to the  W.C.B. it was a result of the work they were doing- and The W.C.B. chooses to Ignore them.

Employees do not Report every Ache and Pain to their Employers- and Employers Don’t Report Every Injury.

The W.C.B. and Most Employers know- that certain types of work can Cause Personal Injuries, but downplay the Injuries to the employees:

i.e. : If you are likely to have Carpal Tunnel- Your Employer, may, just say you have “Sore Wrists” or “Hands”, and they need to “Toughen UP” and /or- tell you if you can’t do the work to “Find other Employment”; and an Employee may think nothing more of it than that.

Later you might find that Your Wrists are not getting better- and be Diagnosed, with a Personal Injury- During your course of Employment, or, after leaving your job. It could be very difficult to get W.C.B. Benefits – if you did- or did not, Report this to Your Employer-or the W.C.B.; And Depending if your Employer had filed an Injury Report.  Which Some Employers do not do-Until you actually go to a Doctor; or Contact Workers’ Compensation.

Employers are Given Rebates; and W.C.B. Employees are given  HUGE BONUSES for Keeping their Workplace INJURIES DOWN!

In the article below States:

“According to the OFL, more than 50 per cent of the offending employers received millions of dollars in rebates in the same year they committed their offences. In many of these cases, the rebates received by the companies exceeded the fines they were levied as a result of their conviction.

As shocking as these revelations have been, they are not unique to Ontario.

According to the Chief Financial Officer’s report, the Alberta’s Workers’ Compensation Board paid out $500 million in surplus distribution payments to eligible employers.”

In the Article Below:
Ontario Federation of Labour president Sid Ryan calls Marshall “the equivalent of the modern day bounty hunter.”

“His job is to disqualify injured workers from receiving their rightful benefits . . . The $400,000 is his bounty for his work over the last year,” Ryan said.

EX W.C.B. Member Slams Workplace Injury Reporting in Nova Scotia.

WSIB Employee Takes Advantage of the System:

“On Friday Antonio Mastronardi was sentence to nine months in jail by The Honourable Alexander Sosna of the Superior Court of Justice. Mastronardi had been found guilty on July 7, 2010 in court in the City of Oshawa for fraud over $5,000 and accepting a secret commission.
Between August 2001 and December 10, 2001 Mastronardi accepted $40,000 in cash and $5,350 in vehicle repairs for the reduction of WSIB insurance premiums for a Vaughan construction company. The fraud resulted in savings of almost $130,000 for the construction company.
The York Regional Police Major Fraud Unit arrested Mastrondardi on November 8 on a referral from the WSIB Special Investigations Branch. ”

Read more:

Fines that the Workers’ Compensation Board Imposes on Employers are Greater than that they would otherwise give An Injured Employee I would Suspect!

Many Disabled Persons and Veterans, whom are on Worker’s Compensation, or have been Denied Benfits –  Still “Toil” , and are “Forced to Endure Grueling Physical Labor”; which is Against their Family Doctor’s Advice- because they Do not get Medical Aid and Benefit Entitlements they were Initially told they would be Entitled to and – Cause Further Injury.

They also face Retaliation for their Effort to Invoke their Rights! They then appear, or are made to Look like Abusers of the System. They are sometimes- then made to repay the Benefits, and are Shamed and Humiliated!

The W.C.B. even have Workers- that Work on their Behalf, whom “Stalk Cleints”- to Make the Clients Appear as Abuser of the System!

Employers sometimes do the same sort of Retaliatory Acts to Minimize THEIR Liabilty, and Try to make their Injured Workers Appear as Abusers, for “FEAR of RETALIATION from W.C.B.”

There are Circumstances which The W.C.B. have denied Injured Workers Benefits and Claims- making them Retaliate On Others!

This article below is about an Armed Injured Worker whom goes to the W.C.B. and Takes Hostages.

“Armed standoff ends with surrender”
The videos in the article can be seen if you *1. put your mouse on the video and *2. right click and open in a new tab.

Another instance of an Injured Worker- after a Tweet- resulted in the Death of Don Dunphy; whom was shot Dead by an Royal Newfoundland Constabulary Officer : (see artcle link below)


Return to Work Programs: which are meant to be- designed for the Employee to return to work, and take alternate work, are Often Ignored by the Employeer- and W.C.B.  Some Employers are not able to accomodate all the Injured Employees with Alternatative Work; Because, there would SIMPLY, be too many Employees unable to do the work, which is needed to be done, and which they were employed to do.

Many Injured Workers and Veterans require Special Equiptment and Special Needs which they do not get.
Those whom have Died as a Result or their Workplace Employment- Leave behind Families- whom are left to Fight The W.C.B.  Appeals- and/or Take Legal Action, for “Inadequate & Unjust Benefits”- from the W.C.B. -“or None”!

Burnaby trench worker death prompts RCMP investigation

“A workplace accident in which a 28-year-old pipe-layer was crushed to death while working in a trench in Burnaby is the focus of a rare criminal investigation by the RCMP.

Jeff Caron was killed and co-worker Thomas Richer was injured on Oct. 11, 2012, when a wall collapsed on them
while they were replacing sewer lines for the City of Burnaby.

WorkSafeBC investigated the incident, and concluded a series of failures contributed to Caron’s death, but has yet to impose any penalties, pending the outcome of the criminal investigation by the Burnaby RCMP.”

Some Injured Workers and Veterans, whom are Denied Benefits, are left to become Homeless (BUMS on the Street)- Through no Fault of Their Own!

The Desperation and Frustration of some- have caused them to become Thieves and Criminals, landing them in Jail! Others, perhaps, turn- to Drugs/Alcohol and Suicide, as a Way to Escape the Pain and Depression!

*I could find Very Little Articles on Suicides”- But be Assured- there have been many Victims.

Vancouver Sun Article:

“They are twisting people into pretzels,” he said. “A coroners’ inquiry should look at what could be done differently in these situations.”

According to WorkSafe, 18 claims have been paid for suicides from 1996 through 2005, including three last year and five in 2001.

“These are claims accepted where it has been determined that a worker took his or her own life due to pain or other complications arising from a previous work-related injury,” said board media officer Donna Freeman.”

“There are many of these workers who simply give up fighting the system and commit suicide, apply for CPP disability or Social Assistance.”

Secondary Traumatization of Work-Related Rehabilitation Clients:

I believe the Media are not allowed to Report such things! (Censorship?)

“Approximately 3,500 suicides take place in Canada annually, slightly below deaths due to cancers of the colon and breast.[1][2][3]

“Suicide is the seventh-most common cause of death among Canadian males, and tenth-highest among both sexes combined.[1][2][3]”…”Rates of suicide in Canada have been fairly constant since the 1920s, averaging annually around twenty (males) and five (females) per 100,000 population, ranging from lows of 14 (males, 1944) and 4 (females, 1925, 1963) to peaks of 27 (males, 1977, 1982) and 10 (females, 1973 During the 2000s, Canada ranked 34th-highest overall among 107 nations’ suicide rates, and 17th among 34 OECD countries.”

“In Canada, appeals by the judiciary to community standards and the public interest are the ultimate determinants of which forms of expression may legally be published, broadcast, or otherwise publicly dissem…inated.[1] Other public organisations with the authority to censor include the Canadian Human Rights Commission, various provincial human rights commissions, and the Canadian Radio-television and Telecommunications Commission, along with self-policing associations of private corporations such as the Canadian Association of Broadcasters and the Canadian Broadcast Standards Council.

Over the 20th century, legal standards for censorship in Canada shifted from a “strong state-centred practice”, intended to protect the community from perceived social degradation, to a more decentralised form of censorship often instigated by societal groups invoking state support to restrict the public expression of political and ideological opponents.[2] Canada is believed to have more hate crime legislation than any other country in the world.[3]”


The W.C.B. does indeed- practically stop at nothing and are  there “to Help”, the Employer, and Deny Injured Workers and Veterans Benefits and Medical Aid- to Ensure they “Return you to your Regular Working Life”- if it is possible!

Quite often, times an Injured Employee turns to The Workers’ Compensation Board and Reports Injuries- The W.C.B. seem to have “NO-Record of the Event”, Nor the Aftermath of their Decisions!

The Workers’ Compenation Boards Decisons are PARAMOUNT!

Many Family Doctor’s Opinions- Do not matter to the W.C.B. – and are IGONRED!

“A senior pain specialist at a Moncton hospital is refusing to see injured workers because he says they stand no chance of getting their treatments approved by WorkSafeNB.

Dr. Richard Dumais, head of the Dr.-Georges-L-Dumont University Hospital’s pain clinic, says the chronic denial of medical services has become a human rights issue and he’s calling for political action.

Dumais, who has practised in New Brunswick for 22 years, said WorkSafeNB used to be okay to deal with, but in the past 10 years, they’ve stopped taking advice.

It’s become so difficult and frustrating, he’s been asking for an investigation from the minister responsible”

She said they are mandated to approve treatment related only to the workplace injury.

“I don’t think the doctors are wrong. I think there is a misunderstanding. There’s a misunderstanding of how the system works. And our medical advisors are there to try to explain that to them,” said Malenfant.

When asked by CBC News if she thought doctors view WorksafeNB as an opportunity to address issues that go beyond the injury, Malenfant said she wasn’t sure she would call it an opportunity.

I just think that maybe — because they’re not in our system — that they don’t necessarily draw that line in the same place that we would draw that line.”   (VIDEO INCLUDED)

Family Doctors Do Not Have Authority to tell Employers or the W.C.B. that their Patients Can Not Do the Work, which they are Employed at!

The W.C.B.  have Their Own Specialists and Opinions, which will state otherwise, and Ignore those of Family Doctors and Independant Specialists;  Whom will say- There is Nothing Wrong with you, and You are capable of working- Even at a  job which has caused the injury!  In many cases without having ever seen a Client.

What is said in the bottom of this article is:

” Bob Shalala, the executive director of Worker Appeal Services, said he’s handling 100 active complaints.

He said when cases do reach the appeal tribunal, 90 per cent of them are reinstated.”

*However; What Bob Shalala does not say, Is- Consistantly, those 90% of Injured Workers and Veterans, that are forced to appeal their Rights for Benefits- must keep fighting Relentless Appeals – Sometimes Several at a time. They are not given their Just Benefits-Then, they are Ultimately in the 10% that are Sometimes left without Representation – and loose their Appeal!

The Workers’ Compensation Board – Provide a System which Clients can go to for Legal Represtentaion- But Clients are Required to Apply for this Legal Representation- and these Legal Representatives *ask Quesions- and Assess Your Personal Problems, and Assess your Financial Protfolio!  You may in FACT-be left with the Impression you Have Legal Representation- When in Fact you DO NOT!

Why is there such a High Number of Claimants (90%) fighting Appeals in the First Place? When The Meredith Principals were Legisated to PROVIDE  “1. No-fault compensation, which means workers are paid benefits regardless of how the injury occurred. The worker and employer waive the right to sue. There is no argument over responsibility or liability for an injury.” Because it is the Goal of the W.C.B. to Deny Injured Workers and Veterans Benefits, and take them off Workmans Compensation!

I would suspect, that the Few Claims that do seem to go throught the W.C.B. System, Without Complication, are of those of Superficial Nature.

* * * * * * * * * * *  * * * * * *  ** * * * * * * * * * * * * * * *  * * * * *
The “Functional Capacity Evaluation” – which the W.C.B. has clients take- by Their hired Physio-Therapists-Includes such things as:

putting a peg in a board for 3 minutes
lift your arms once or twice,  and turn it
walk up and down a hall for 3 or so minutes
lift a minimal amount of weight for 2 – 5 minutes.
etc. etc.

*when one test is  done-which lasts for approximately 3 minutes-  you are given a break for @ 3-4 minutes- until the next person comes to do the next test.

These tests are very few each day, and take 2 days for approximately 3-4 hours each day.- Due to the Registering at entry, and waiting time required to begin, and the tests they are asked to perform; There is Very Little Effort!

In the Real WORK World:
Most people Do Not play Crib for a living
Take a 3 minute Walk and Rest.
Stretch their arms and legs, and Do Yoga.
( and take a break for 5 minutes between every task).
Nor do they do this type of Work for a 3-4 hour /day.

*It’s a complete INSULT-To Injured Workers to say they are Fully Functional- Especially when they have not been employeed for some time- and may not have the Extreme Pain and Symptoms after, they had/ or would have -If they were doing the Work, which they were Employed to do!

It would be ideal- If the Workers’ Compensation Board could Implement these Practices- in the Workplace.  The System would work Much Better – Without a Doubt!

There would- in fact, be a Shortage of Workers in Every Business and Workplace, and Certainly Less Accidents & Injuries, if this were how the Actual Workplace Environment Operated and Concern of Employers- and the Tasks Workers were Employed to do!

I would suspect, WE would have  the Lowest Unemployment Rates of Any Productive Country.

Any Employer- would let an Employee go- within a Week- if not sooner, Unless they WERE NOT Intersted in making a Profit!  For most, it really wouldn’t be work if, it were something they loved to do.

If the Opinions of the Workers’ Compensation Board’s Specialists, were those of N.A.S.A. – Injured Workers and Veterans,  could most likely all be Astronauts. But they are not the Administrators of the Space Administration- For many Disabled and Injured Workers, W.C.B. are the Asses which have kept Disabled and Injured Workers, from Reaching their Dreams, and Touching the Stars- Though their Employment-And Dealing with the W.C.B.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ********

*Yet, there are Disabled People, whom are not Employable, or able to Gain Sustainable Employment; that do Volunteer Work- and Receive Little Recognition for it.

Below is an Article of a Volunteer Firefighter, Struck and Killed by a Police Officer Moving a Cruiser.  I’m uncertain if this is a Workers’ Compensation Matter- however;  he was an Injured Worker!  Perhaps not a Paid Employee- but Most do recieve a Tax Exemption.

It is Deplorable how much it has Cost Families, of Injured Workers and Veterans – Causing them to turn against each other, and Individuals– Homes, Credit, Mental Heath- and yes -Too many LIVES!

Some Workers whom Cannot do their jobs, for Reasons such as Stress, or Injury- Try to go to Collect Employment Insurance Benefits- which are Temporary- and Sometimes do not get them!

They must also, in many cases turn to Welfare- for Support, and Surrender any  UNJUST Benifits from which they have Recived from the W.C.B., for something Better. Which is a Stuggle to the Beat of a Different Drum- and Leaving them to Sub-Standard Living,  Driving them to Food Banks and Without Heat, etc. and live in Poverty.

The Cost of Poverty in Nova Scotia:

What’s left for many – is little more than PILLS – (Which W.C.B. won’t pay for).  Causing OUR HEALTH CARE SYSTEM to pay for – MEDICAL ATTENTION, OPERATIONS, Equiptment and Special Needs etc. In some cases, They go Without, and are; Left with a Prayer.

Because of the Hardships of Many that do not get these Benefits, which are Denied to them – the Family Structure is Destroyed. This also creates other Problems for our Social System such as- Families breaking up, and Children being removed from the Home and Being Placed in Foster Care- and Adoption.

There is a CBC Article below:

This System is: Designed to Support the Big and Small Business/Corporations/  Organizations such as W.C.B.; and Even the Government- Rather than the Employees and Employers- it was Presumably Designed and Legislated to Protect.

So Disturbing, is the Fact- Government Allows- To keep this System going- and turn their back on Their Own People. Even our Disabled Veteran’s- whom have worked and Served our Country, and Fought for Our Freedoms and RIGHTS!!!

Is the Compensation fair – To Veterans- Comparison to Others Victims that have Been Exposed to Agent Orange?

Compensation for Agent Orange Victims:

Deshane said WSIB did not dispute that he was exposed to the chemical, but it didn’t offer much by way of compensation.

“After 50 years of neglect, my entitlement would be somewhere around $1,500,” he said.

Deshane said he has refused the settlement, and is considering appeal options.

Another Victim of Agent Orange:

“I really hadn’t expected anything except for the companies and the chemical people who produced the product to admit that they made a mistake, and no one did that,” he said.

Since retiring, Crawford has been treated for prostate cancer — and that treatment also led to heart problems. He received a settlement of $1,577 from WSIB.

“I really don’t understand how you put value on that kind of thing,” Crawford said.

* * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

It’s been a CENTURY- OUR Government has allowed this System to Prevail, and Appears to be “LITTLE TO NO CHANGE”-for the Betterment of Injured and Permanently Disabled Workers -Or Indication The Government wishes to change the W.C.B –

“Death and Injury” are Still- “An Accepted Part of the Job”.

Government and the Workers’ Compensaton Boards are Holding Employers accountable and Profiting from the Injuries and Deaths.

There have been some Actions the Government has taken because of Workplace Deaths; However, there is little indication this law has been applied consisantly- Nor indication that it is Very Helpful for the Injured Employees or those that try to Invoke their rights; as in the Case for Carl Guptill:


Westray : By Paul Cowan with Great Appreciation to: The National Film Board of Canada: (Documentary)

“In November 1991, coal miner Carl Guptill made safety complaints to Labour Ministry inspectors, but they were not investigated, and he was fired in January 1992 for making his claims.”

Westray Mine Disaster in which 26 Miners lost their Lives – due to  Safety Standards not being followed and Poor Oversight by Government!  This led to the Creation of Bill C-45.

What is Bill C-45?

Bill C-45 is federal legislation that amended the Canadian Criminal Code and became law on March 31, 2004. The Bill established new legal duties for workplace health and safety, and imposed serious penalties for violations that result in injuries or death. The Bill provided new rules for attributing criminal liability to organizations, including corporations, their representatives and those who direct the work of others.

New Sections of the Criminal Code
Bill C-45 added Section 217.1 to the Criminal Code which reads:

“217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.”
Bill C-45 also added Sections 22.1 and 22.2 to the Criminal Code imposing criminal liability on organizations and its representatives for negligence (22.1) and other offences (22.2).

Why was Bill C-45 (Section 217.1 in the Criminal Code) created?

Bill C-45, also known as the “Westray Bill”, was created as a result of the 1992 Westray coal mining disaster in Nova Scotia where 26 miners were killed after methane gas ignited causing an explosion. Despite serious safety concerns raised by employees, union officials and government inspectors at the time, the company instituted few changes. Eventually, the disaster occurred.

After the accident the police and provincial government failed to secure a conviction against the company or three of its managers. A Royal Commission of Inquiry was established to investigate the disaster. In 1998, the Royal Commission made 74 recommendations. The findings of this commission (in particular recommendation 73) were the movement that led to Bill C-45.

What are the main provisions of Bill C-45 (Section 217.1 in the Criminal Code)?

Bill C-45 (Section 217.1 in the Criminal Code):

Created rules for establishing criminal liability to organizations for the acts of their representatives.
Establishes a legal duty for all persons “directing the work of others” to take reasonable steps to ensure the safety of workers and the public.
Sets out the factors that courts must consider when sentencing an organization.
Provides optional conditions of probation that a court may impose on an organization.

Who do these provisions of the Criminal Code affect?
These provisions of the Criminal Code affect all organizations and individuals who direct the work of others, anywhere in Canada. These organizations include federal, provincial and municipal governments, corporations, private companies, charities and non-governmental organizations.

Who is responsible for enforcing this Criminal Code?
Police and crown attorneys enforce Bill C-45. The police and crown are responsible for investigating serious accidents and will determine whether any charges should be laid under the Canadian Criminal Code. The criminal code is a very different set of rules, and should not be confused with “regular” occupational health and safety laws (OH&S) and how they are enforced.

Who is responsible for enforcing occupational health and safety laws?

Depending on your jurisdiction, the Ministry (or Department) of Labour or Workers’ Compensation Board (WCB) enforces OH&S laws. Across Canada each province, territory and the federal government are responsible for enforcing their own individual set of occupational health and safety laws. Each jurisdiction employs inspectors who visit workplaces to ensure companies are complying with their OH&S rules. In the unfortunate event of a serious accident, these inspectors conduct an investigation and determine if a charge should be laid under the appropriate section(s) of the OH&S act or regulation. An accused individual or company may then need to appear in court where a fine or other penalty could be imposed if they are convicted. The police are not normally involved in this process.

Does Bill C-45 (Section 217.1 in the Criminal Code) impact on other legislation?
No. Bill C-45 is a separate piece of legislation that applies to the Canadian Criminal Code only. It does not intrude upon, or override, other existing federal, provincial or territorial occupational health and safety statutes and regulations. In the event of a conviction; however, Bill C-45 does require the courts to look at any penalties imposed by other jurisdictions in determining a sentence.

Can a company be charged under a provincial OH&S act and the Criminal Code at the same time?
Yes, it is possible. It is common practice for both police and health and safety inspectors to both investigate a serious workplace accident. In most cases, the police and provincial authorities would work together to decide which charges should be made. While it is unlikely that two sets of charges would be made, technically speaking, charges can be laid under both the criminal code by the police and the Occupational Health and Safety Act or regulations by provincial authorities. This situation has occurred in the Millennium Crane Rentals case from Sault Ste Marie, ON.

What types of offences will be targeted?
To date there are eight cases where individuals were charged under the new provisions in the Criminal Code. See below for a brief summary of the charges.

Note: At the time the law was being discussed in parliament, the government commented on its intentions for the Bill stating that:

“the criminal law must be reserved for the most serious offences, those that involve grave moral faults… the Government does not intend to use the federal criminal law power to supplant or interfere with the provincial regulatory role in workplace health and safety”

Has anyone been charged?
Yes. To date there have been eight cases where charges have been laid. Most of these cases did see other charges and fines issued using the occupational health and safety legislation of the jurisdiction where the incident took place.

On February 11, 2010 Sault Ste Marie Police charged the owner of Millennium Crane Rentals and the crane operator with criminal negligence causing death after a municipal worker was killed while working in an excavation hole. The accident occurred on April 16, 2009 at an excavation site where sewage work was being performed. The crane toppled and fell into the hole killing the worker. In March 2011, the Crown announced that it had dropped the charges of criminal negligence causing death because there was no reasonable prospect of conviction based on the evidence. In July 2013, Millennium Crane Rental was, however, “found guilty of failing to ensure that the crane was maintained in a condition that would not endanger a worker”, and fined $70,000 for a violation of the Ontario Occupational Health and Safety Act.

On December 24, 2009 four workers were killed and one was seriously injured at a Toronto construction site when the swing stage scaffolding they were on collapsed. Metron Construction and three corporate officers were charged with criminal negligence and fined $200,000 plus a victim surcharge of $30,000.  Metron’s owner was personally fined $90,000, plus a victim surcharge of $22,500 under the Ontario Occupational Health and Safety Act. A total of 61 charges were laid by the Ministry of Labour. The fine against the company was appealed and in September 2013, the Appeal court tripled the fine against Metron, raising it to $750,000 for Criminal Negligence. An additional victim surcharge of $112,500 was levied against the company. The appeals court judge found that the original fine of $200,000 was “manifestly unfit”.  One supervisor named in the case will be on trial in the Fall of 2013 for charges of criminal negligence causing death.

Below is a Link regarding Metron Construction:
“A worker who survived a 2009 scaffolding collapse that killed four people and seriously injured another said his project manager asked him to lie about their safety training, a court heard Tuesday.”

On March 17, 2008 a paving company (Transpave) was charged and convicted of criminal negligence and fined $100,000 in the death of an employee, plus a $10,000 victim surcharge.

On May 17, 2007, Mark Hritchuk, a Service Manager at a LaSalle, Quebec auto dealership was charged with criminal negligence after one of his employees caught on fire while using a makeshift fuel pump that had gone unrepaired and broken for several years. Mr. Daoust, a 22 year employee with the company, was engulfed in flames after a spark ignited fuel which had spilled on him, while he attempted to fill the gas tank of a vehicle whose fuel gage had broken and needed repairing. The employee survived but received third degree burns to 35% of his body. The case was brought before a court of inquiry on March 10, 2009. The case went to court in March 2012. Mr Hritchuk pleaded guilty of unlawfully causing bodily harm.

On October 13, 2006 a train struck a maintenance vehicle, killing one worker and injuring three others. Two employees of Québec-Cartier were charged with criminal negligence causing death and three counts of criminal negligence causing bodily harm. The corporation was not charged. On November 29th, 2010 a Quebec Court acquitted both men on all counts, finding that the incident was an error due to a company culture of tolerance of unsafe practices and deficient training rather than a wonton act of criminal negligence.

On Jun 12, 2006 a landscape contractor was crushed to death when the backhoe his employer was driving failed to stop, pinning the employee to a wall. The investigation of the incident found that the 30 year old backhoe had not received any regular maintenance since the vehicle was purchased and that no formal inspection had been done in the previous five years. Upon further investigation it was discovered that the vehicle had no braking capacity. In September 2010, the employer was convicted of criminal negligence causing death and was given a two year conditional sentence to be served in the community.

On March 22, 2006 BC Ferries vessel Queen of the North sank after going off course and running aground killing two passengers. The ferry navigation officer was charged with two counts of criminal negligence causing death. The officer was reported to have been distracted by a personal interaction he was having with another person and did not realize the vessel was off course. On June 24th, 2013, he was sentenced to 4 years in prison and banned from operating a vessel for 10 years. An appeal has been filed.

On April 19, 2004 near the city of Newmarket, Ontario a worker was killed after the ground around him collapsed while digging a ditch at a residential construction site. The construction site supervisor was charge under section 217.1 of the Criminal Code with one count of criminal negligence causing death. In March 2005, the charges of criminal negligence against the site supervisor were dropped in an apparent plea bargain which saw the supervisor agree to three of eight charges under the Ontario Occupational Health and Safety Act and a fine of $50,000 with a 25% victim surcharge.

Still, witht he Creation of Bill C-51- there remains Poor Workplace Safety and Oversight by the Government- and the Failures Continue:

Herald News webpage:
“The province announced in February it was hiring 17 additional staff for its safety division, including inspectors, engineers and a division focused on education and compliance.New inspectors were part of a construction safety blitz last week that targeted high-risk workplaces, the government’s release said. During the concentrated effort, inspectors increased their random, unannounced job site visits by 25 per cent over the last blitz held last fall, it said.

According to the Nova Scotia Federation of Labour, 582 people have died in this province at, or because of, work since the Westray mine disaster.”

What is said in this article below is:

“Since 2008, there has been a 36 per cent increase in workplace deaths in Ontario. In 2013, 87 workers were killed on the job, and roughly 200 more died as a result of occupational disease. But despite the rising number of work-related deaths and injuries, Bill C-45 is rarely invoked.”…
“What happens is that the police show up and the Ministry of Labour shows up. The Ministry of Labour is looking at it from a different standard; they are looking at it in relation to the Health and Safety Act. The police are not aware that Bill C-45 gives them the right to lay criminal charges, they see the Ministry of Labour and take off. Therefore there’s no criminal investigation. We have this statute on the books that no one is using.”


There is also another Law which seems to Rarely be Invoked-  “Writ of Mandamus” :
“Mandamus is a judicial remedy in the form of an order from a superior court, to any government subordinate court, corporation, or public authority—to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing)—and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.

Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it.”

*When I did a Google Search for Injured Workers in N.S., I came up with this Page:

The Department of Labour and Advanced Education-has for Injured Workers to Refer to for Help: The Processes of the W.C.B. – which Fail Many.

The W.C.B. has made Little Significant Change, IF ANY, in Creating a Better and Safer Workplace. – And Seem to Neglect their Responsiblities to Employers and Injured Workers.

What does seem to be Applied Consistanly by the W.C.B. of The Meredith Pricipals are:

In Part:_”1…The worker and employer waive the right to sue. There is no argument over responsibility or liability for an injury.   However – I would also argue that the “Kill a worker-go to Jail” Law, and Invoking the C-45 Bill are a Violation of this Principal- To the Employer!

3. Collective liability, which means that covered employers, on the whole, share liability for workplace injury insurance. The total cost of the compensation system is shared by all employers. All employers contribute to a common fund. Financial liability becomes their collective responsibility.

“5. Exclusive jurisdiction, which means only workers’ compensation organizations provide workers’ compensation insurance. All compensation claims are directed solely to the compensation board. The board is the decision-maker and final authority for all claims.”

Appeals which are Successful by Injured Workers’ are Ignore by the W.C.B. and they do not follow that of W.C.B. Appeal Board’s Decisions.

Injured Workers May Not Believe it- However; there are Employers that Do Not feel the System is RIGHT- and are Sympathic When They and/ or Their Employees are Injured!

This System does NOT seem to be “Fair or Impartial”.  I wonder how it can be? – If  W.C.B. Represents Both Parties!  The System seems to Fail Both Parties whom it was Legistlated to Protect.

Just as this W.C.B. System seems to Absolve the Employers of Liability from the Injured and Disabled Workers; So too, does “The Meredith Principal 4. Independent administration, which means that the organizations who administer workers’ compensation insurance are separate from Governments.” seem to Absolve the Governments of Responsibity which the W.C.B. Administers-And the Three Parties whom it does seem to BENEFIT MOST are: W.C.B., Lawyers, and the Governments.

If your Employeer Pays Workers Compensation-
In some/most cases- You do not have a Right To Sue Your Employer! The W.C.B. has Teams of Specialists and Lawyers that Work on Their Behalf-To Benefit Them.

Anywhere on the Intenet/Media, and in our Society-But not limited to- You can find Great Injustices by W.C.B.,  inflicted on Injured Workers and Veterans.

2 such sites are here :

1. Injured Workers Online:

2. The Canadian Injured Worker’s Society/ Injured Workers All Across Canada. ( This site below- has been shut down for the Most Part- but you are able to see the link)
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

*I had posted this Fundraiser on a Popular Social Media Site, Mistakenly, and it was Quickly Removed- with this Response emailed to me which stated:

“dear Darren, the IWSN is based in NSW Australia. I cant put it up on our page We find it difficult to raise enough money in Australia to fund our own efforts and we have a relationship with the formal canadian network. Im sorry im going to have to remove it”

If the Meredith Principals, were based on that of Australia’s- I will Submit, it has not worked very well for their Injured Workers! I doubt it’s the “Standard of Living, that’s envied around the World”, Which is mentioned in this video!

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Can we let this Workers’ Con Board System Continue?  How many more must Suffer and Die? – FOR:  A SYSTEM WE ARE ALL SUPPORTING!

I Believe Many of Us- DESERVE BETTER! And I believe these are Reasons -IN PART- AS to Why BILL C-51 Should be OPPOSED!

In the Article Below:

“The Canadian bar is concerned about compromising Canadian civil rights and numerous groups of Islamic faith share that concern,” said former MP Chuck Strahl during the same debate. Strahl was later appointed by Prime Minister Harper to the Security Intelligence Review Committee, but resigned after it came out that he was also a lobbyist with a pipeline giant Enbridge.

“Now, the deputy information commissioner warns that the government’s amendments threaten the rights of Canadians even more than the original flawed bill itself. Why is it, when everyone agrees this is one of the most significant bills to hit parliament in years, the government has moved to shut down debate after only three hours of time here in the House of Commons?” Strahl continued.

Please Show your Support for this, by Signing this Petition Here:


This Article Below Regarding our Right and Freedoms states:

“Opinion: The Conservative government continues to show disdain for the Charter of Rights and Freedoms”
“Yet, at the very time when we should be celebrating this momentous, transformative document, which came into effect April 17, 1982, we have had yet another reminder of the current government’s utter disdain for it.

Ultimately, beyond the unnecessary expense and strain on judicial resources that result from knowingly implementing constitutionally problematic measures, the trouble with treating the charter as an obstacle to be overcome — or a triviality to be ignored — is the very content of the charter itself. The rights and freedoms it guarantees are an expression of Canada’s fundamental values, and a safeguard against discrimination, inequality and the marginalization of the vulnerable. By minimizing the charter, the government minimizes the values enshrined therein.

What is more, the government’s responsibility to take charter considerations into account when drafting legislation is not only a moral one — it is, in fact, a legal requirement. Section 4.1 of the Department of Justice Act obliges the justice minister to examine all government bills “in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions” of the charter, and to “report any such inconsistency to the House of Commons at the first convenient opportunity.”

I would be interested in knowing how Jacques Lapointe would feel about this WCB System?

“Jacques Lapointe, the man best known for exposing questionable expense claims by members of the Nova Scotia legislature, is retiring from his position as the province’s auditor general in the new year.

Lapointe, who has served as the province’s auditor general since March 2006”


Rather than fix the Atrocities- of existing Laws and Enforce them- Government Commits to making New Laws:

IE: Kill a Worker – Go to Jail!:

C-45 Bill:

The Laws for the Workers’ Compensation Boards of Canada have became but Another Chapter of “Animal Farm” :

Animal Farm Plot:

“Old Major, the old boar on the Manor Farm, summons the animals on the farm together for a meeting, during which he refers to humans as parasites and teaches the animals a revolutionary song called Beasts of England. When Major dies, two young pigs, Snowball and Napoleon, assume command and consider it a duty to prepare for the Rebellion. The animals revolt and drive the drunken and irresponsible farmer Mr. Jones from the farm, renaming it “Animal Farm”. They adopt Seven Commandments of Animalism, the most important of which is, “All animals are equal.”

Snowball teaches the animals to read and write, while Napoleon educates young puppies on the principles of Animalism. Food is plentiful, and the farm runs smoothly. The pigs elevate themselves to positions of leadership and set aside special food items, ostensibly for their personal health. Napoleon and Snowball struggle for preeminence. When Snowball announces his plans to build a windmill, Napoleon has his dogs chase Snowball away and subsequently declares himself leader of Animal Farm.

Napoleon enacts changes to the governance structure of the farm, replacing meetings with a committee of pigs who will run the farm. Through a young pig named Squealer, Napoleon claims credit for the windmill idea. The animals work harder with the promise of easier lives with the windmill. When the animals find the windmill collapsed after a violent storm, Napoleon and Squealer convince the animals that Snowball is trying to sabotage their project. Once Snowball becomes a scapegoat, Napoleon begins to purge the farm with his dogs, killing animals he accuses of consorting with his old rival. Beasts of England is replaced by an anthem glorifying Napoleon, who appears to be adopting the lifestyle of a man. The animals remain convinced that they are better off than they were under Mr. Jones.

Mr Frederick, one of the neighbouring farmers, attacks the farm, using blasting powder to blow up the restored windmill. Though the animals win the battle, they do so at great cost, as many, including Boxer the workhorse, are wounded. Despite his injuries, Boxer continues working harder and harder, until he collapses while working on the windmill. Napoleon sends for a van to take Boxer to the veterinary surgeon, explaining that better care can be given there. Benjamin, the cynical donkey who “could read as well as any pig”,[9] notices that the van belongs to a knacker, and attempts a futile rescue. Squealer reports that the van was purchased by the hospital and the writing from the previous owner had not been repainted. But in reality, Napoleon has sold his most loyal and long-suffering worker for money to buy himself whisky.

Years pass, and the pigs start to resemble humans, as they walk upright, carry whips, and wear clothes. The Seven Commandments are abridged to a single phrase: “All animals are equal, but some animals are more equal than others”. Napoleon holds a dinner party for the pigs and local farmers, with whom he celebrates a new alliance. He abolishes the practice of the revolutionary traditions and restores the name “The Manor Farm”. As the animals look from pigs to humans, they realise they can no longer distinguish between the two.”

Whether or NOT – It was the Intention of  Sir William Meredith -Whom was a Lawyer for the Government- To Create this Type of System- WE are the SHEEP WHICH FOLLOW OUR SHEPHERD!

Similar to When in History:  My Chapter of “Animal Farm”:

The King had his men Collect Taxes from businesses. This Benefited the Monarchy.

The Monarchy Created a Government -which Collect Taxes and Benefits the Government, and in Turn Benefits the Monarchy.

The Government Created WCB. Which now Similarly Pay Money – Just as Once it was Collected by the King- which Benefits the WCB. WCB Benefit Government. There is Still yet the Government; which Collects Taxes and Benefits them- and a Monarchy which we pay “Royalties”. If I may use that term.

We are at the Bottom of the Chain- Then Employers-Then the WCB- Government- Monarchy.

The Head is Consistently Absolving them self’s of Responsibility- and We as Sheep, keep Following our Shepherd. Without Choice.

Are We being Treated Fairly?

We do not have a “SAY” in How the SYSTEM TREATS or Works for US.

We have a Justice System – Which for the Most Part Works at the Benefit of Government . Not on Rights and Freedoms. But LAWS our Government and WCB Legislates.

I hope this a Reasonable and Fair Analogy of How the Systems Work- (Disrespectfully or not)


The Saying is: “The enemy of my enemy is my friend” And I Would Suggest – The Wrokers compensaion Board of Canada have Turned Many Injured Workers- Against their Employers!…/The_enemy_of_my_enemy_is_my...

Lord Acton—was an English Catholic historian, politician, and writer. He was the only son of Sir Ferdinand Dalberg-Acton, 7th Baronet[1] and a grandson of the Neapolitan admiral Sir John Acton, 6th Baronet.[2][3] He is famous for his remark, “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.[4]…/John_Dalberg-Acton,_1st_Baron...





INDEED- There have been many “LURED BY THE PROMISED  OF JOBS AND BETTER LIVES FOR THEIR FAMILIES” by the w.c.b.  With This “made in Canada workers’ compensation model” and “Historic Compromise”; which has Failed Many!

These are Some of the Reasons why this System of Workers’ Compensation Board DO NOT WORK and Must be Fought! For the Injured Employee and Veterans- The Benefits, If ANY, are Very Little-  and the Fight to get them – Has come to a Greater Cost – Than the Benefits they should be entitled to – IF they get them!

Below is a Report: PRAXIS Background Paper/
Royal Commission on Workers’ Compensation in British Columbia:

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

I ask of No One to make a Generous Donation – If, you cannot make any Donation- I Completely Understand- But if you Could Please Share this- That Certainly would Be of Great Appreciation!

Although, I may not Ultimately reach my Fundraising Goal- It is only a Drop in the Bucket – to what has been lost -and what it will take – To Start a Change to this Cruel and Unusual Punishement Injured Workers, and Veterans, and others – Have been FORECE to Endure; and to Stop what has been  spent- to Keep Injured Workers from the BENEFITS DESERVING to THEM.

Although there are Substancial Charities, and Organzations/ Churches, and Advocate Groups; it’s still VERY DIFFICULT to get help -And MANY Prayers are Unanswered.

Hopefully if Enough Money is Raised- Donations can help with Medical Costs,Court Costs, and/ or a Class Action Suit and/ or other Necessities of Injured & Disabled Worker and Veterans.

I can’t tell anyone/everyone- How Greatful any amount you can afford to Donate will be- And the Sincerity of Those you are Supporting! Anyone whom cannot make a Donation- Please don’t feel Ashamed, I Completey Understand – I am Judgeing NO ONE!-And To ALL- I Wish Nothing, but the Very Best, in your Future Endeavors.

I Hope with the Greatest Sincerity,  In the Future- I/You/WE will see what a Difference I/YOU/ WE HAVE, and CAN MAKE!

P.S. I Appreciate any Comments you may have as Well 🙂


Acknowledgements/ Sources/Credits:

Smokescreen Provided by :
Association of Workers’ Compensation Boards of Canada:

Personal Experiences and OPINIONS :
Darren MacKay/
Worker’s Compensation Board of N.S.
Claim # 1846411
Claim # 1846412

Video and Quote:
Association of Workers’ Compensation Boards of Canada Webpage:

Meredith Report:

Meredith Principals :
Association of Workers’ Compensation Boards of Canada

Quotes by W.C.B of N.S. :
W.C.B. of N.S. under Claims Tab:

CBC Website Pages:

Injured Workers All Across Canada /Canadian Injured Workers Society:

ONLINE-Injured Workers Petition- Injured Workers’ All Across Canada:

Westray Mine Act:

Writ of Mandamus:

The Department of Labour and Advanced Education:

Chronicle Herald wesite:

Herald News:

PRAXIS Background Paper/
Royal Commission on Workers’ Compensation in British Columbia

Westray Mine:

The Cost of Povery in Nova Scotia:

Carl Guptill:

C-51 Petition:


The enemy of my enemy is my friend:…/The_enemy_of_my_enemy_is_my…

Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.…/John_Dalberg-Acton,_1st_Baron…

Would anyone have any Links – Of Articles, Of Workers that Committed Suicide- because of WCB Related Matters? If you could Please Provide them…. Thanks…I think they will be Very Hard to Find- As I believe the Media are not allowed to Report such things! (Censorship?)

“In Canada, appeals by the judiciary to community standards and the public interest are the ultimate determinants of which forms of expression may legally be published, broadcast, or otherwise publicly dissem…inated.[1] Other public organisations with the authority to censor include the Canadian Human Rights Commission, various provincial human rights commissions, and the Canadian Radio-television and Telecommunications Commission, along with self-policing associations of private corporations such as the Canadian Association of Broadcasters and the Canadian Broadcast Standards Council.

Over the 20th century, legal standards for censorship in Canada shifted from a “strong state-centred practice”, intended to protect the community from perceived social degradation, to a more decentralised form of censorship often instigated by societal groups invoking state support to restrict the public expression of political and ideological opponents.[2] Canada is believed to have more hate crime legislation than any other country in the world.[3]”


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