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Record W3205870016 · doi:10.26108/0tfs-g965

Has the application of section 217.1 of the Criminal Code succeeded in remedying the deficiencies in Canadian criminal law at the time of the Westray disaster?

2020· article· en· W3205870016 on OpenAlexaboutno aff
Madison K. Bergen

Bibliographic record

VenueAcadiaU-DEV · 2020
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsnot available
Fundersnot available
KeywordsSection (typography)Criminal codeLawPolitical scienceCriminal lawCode (set theory)Criminal investigationCriminal procedureComputer science

Abstract

fetched live from OpenAlex

Bill C-45 became Canadian law in 2004. It created new criminal law duties for workplace health and safety (Bill C-45, 2004). This Bill implemented, in part, section 217.1 of the Criminal Code which established a new criminal law duty, applicable to everyone who has the authority to direct how another person does their work, to take reasonable steps to ensure their safety (Criminal Code, SC 2003, c. 21, s. 3). Sixteen years have passed since this Bill became law, providing ample time to analyze the success or failure of section 217.1 in remedying the issues in Canadian law present at the time of the Westray disaster (Criminal Code, SC 003, c. 21, s. 3). This paper evaluates, based on available evidence and primarily Canadian Court decisions which have considered this "new" section of the Criminal Code, whether Bill C-45has been successful and achieved its stated purpose (Criminal Code, 1985) (Bill C-45,2004). In that regard I will consider the following more specific, and in some cases counterfactual questions: (1) whether sections 217.1 and 22.1 of Bill C-45 would have resulted in a successful criminal prosecution in the Westray case (2)the judicial consideration of section 217.1 since 2004 (3) and cases where there has been a successful prosecution with respect to section 217.1, the impact that sentencing decisions have had on possible deterrence and workplace safety in Canada (Criminal Code, SC 2003, c. 21, s. 3). I conclude that (1) sections 217.1 and 22.1 would not have resulted in a successful criminal prosecution of any managers or officers of Curragh Inc., the owners of the Westray mine, (2) since 2004 there have been very few successful prosecutions using section 217.1, and the narrow judicial interpretation of section 217.1, and the fact that it does not create a separate criminal offence but merely a criminal law duty, has limited the effectiveness of Bill C-45 (Bill C-45, 2004). Moreover, where there have been successful prosecutions the sentences have been relatively lenient, (3) the relevant statistics and caselaw since 2004 illustrate limited deterrence or at least no positive trend in workplace injuries and deaths in Canada (Criminal Code, SC 2003, c. 21, s. 3). Given this analysis, section 217.1 and Bill C-45 generally have not succeeded in remedying the deficiencies in Canadian criminal law since (Bill C-45, 2004, "Section 217.1"). One of the main reasons for this is that this section does not create a criminal offence per se but rather a criminal law duty. For the "Westray Bill," and in particular section 217.1, to fulfill its intended purpose, it must be revised.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Qualitative · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.535
Threshold uncertainty score0.697

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0010.002
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.057
GPT teacher head0.294
Teacher spread0.237 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designQualitative
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2020
Admission routes1
Has abstractyes

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