"Today members of my cabinet are reaching out to families in Burns Lake," said Premier Christy Clark on Feb. 15, 2014. "I want them to know that their resilience and perseverance in the face of a terrible tragedy is an example to all of us. It's an example that deserves to be honoured."
While the memory of those injured and killed in the January, 2012 Babine Forest Products (BFP) mill explosion may be honoured by the Premier's office, there will be no independent inquiry into B.C. Crown Counsel's decision not to lay charges related to the fatal accident.
When the B.C. ministry of justice announced on Jan. 10, 2014 that it would not be pursuing any charges related to the explosion, the news was received with shock and dismay by family of the two men who lost their lives, as well as by many former mill workers and their families.
Adding to the tension were aspects of the Crown's decision which highlighted the failure of WorkSafeBC to conduct its investigation to a standard that would hold in court.
The ministry of justice report concluded that charges would not be pursued based on two findings. First, evidence was not collected to required legal standards. Second, BFP would have had a strong defence of due diligence, based on the evidence collected.
On Jan. 16, 2014, Premier Clark launched an investigation into the circumstances surrounding Crown Counsel's decision not to pursue charges. Deputy minister John Dyble was commissioned to produce the report.
Chief and council of Lake Babine Nation (LBN) in Burns Lake were so outraged by the perceived bungling of the case by WorkSafeBC investigators, they invited B.C. NDP leader Adrian Dix to Burns Lake for a private meeting with LBN council and band members on Jan. 21, 2014.
Dix heeded LBN’s request that he support their call for an independent investigation into how the case was handled, but following the Feb. 15, 2014 release of Dyble's report, it seems that LBN's call for an independent inquiry is not in the works.
Dyble concluded WorkSafeBC 'paid insufficient attention to important legal precedents that underpin the legitimate gathering of evidence for prosecution purposes, even though the criminal justice branch had previously shared its concerns on collection of evidence.'
Dyble's recommendations also include the appointment of an independent legal advisor to oversee the implementation of the recommendations.
Vancouver lawyer, Len Doust, who reviewed Dyble's report at the request of the Premier's office, confirmed Dyble's conclusions regarding the advisability of an independent inquiry into Crown Counsel's decision to not pursue charges in the case.
"I can confirm… that there is very clear case law confirming that a decision of crown counsel to approve or not approve charges is not a proper subject for review in a public inquiry," Doust said.
Premier Clark, commenting on the report, said she was disappointed with how the original investigation was handled.
"As disappointed as I am, I am equally determined to correct what went wrong," Clark said. "[I am] determined to protect workers and their families in the future."
The Premier has accepted the report's recommendations which fall under four broad categories, including 'measures to improve interaction between investigating and prosecuting agencies.'
Although the report does not recommend an independent inquiry along the lines sought by LBN, Chief Wilf Adam said he is not content to let the matter end there.
"It's another slap in the face for the families that are grieving," Adam said. "It's just another way of letting the company go scott-free."
"We are still asking for an independent inquiry. We need someone to be accountable for the death of two workers and the 20 injured," he added.
Chief Adam said that LBN council will be considering all options for bringing about an independent inquiry, including the possibility of withdrawing LBN support for harvesting timber within their traditional territories destined for the new BFP sawmill.
