Pleas to charges postponed in death at Fredericton wastewater treatment plant

The case of a Fredericton construction company and a former supervisor charged with criminal negligence in a teenage worker's death at a wastewatertreatment plant has been delayed two months after their lawyers told the court they needed more time to review the evidence.

Former supervisor Jason King, 43, of Lower Hainesville andSpringhill Construction Ltd.wereexpected to enterpleas in New Brunswick Provincial Court on Monday in Fredericton. Theirpleas wererescheduled until Nov. 23 at 9:30 a.m.

The charges werelaid in connectionwith the death of Michael Anthony Henderson, 18, who was working on a construction project at the Barker Street plant when he waskilled onAug, 16, 2018.

Hendersongraduated from Fredericton High School just a couple of months before he died.

Kingwas not present Monday morning, but his lawyer, Patrick Hurley wasthere. Heasked Justice Henrik Tonningfor an eight-week adjournment before his client enters a plea.

Technical evidence

Hurley told the court that the Crown's disclosure is technical and "not an easy read."

Chad Sullivan, an agent for the lawyer representing the construction firm, requested a similar adjournment, which was also granted by the judge.

Springhill Construction owner-operatorGeoff Colterwas also in the courtroom, as well as representatives from WorkSafeNB.

First criminal case

Springhill Construction and Kingwere each charged on July 15with criminal negligence causing death.

Thecompany is the first employer in New Brunswick to be charged criminallyin the death of a worker.

No information has been released about what happened at the plant, where aconstruction crew was installinga secondary clarifier, a settling tank where liquid waste or sewage is held.

WorkSafeNB president and CEO Doug Jones said last month that only about 30 people acrossCanada have been charged under the so-called Westray law since it took effect 16 years ago.

City originally charged

Springhill Construction, King and the City of Fredericton were allinitially charged in 2019under the Occupational Health and Safety Act.

The provincial act contains legal requirements that must be met by all New Brunswick workplaces.

The companywas charged with five countsalleging failures to take reasonable precautions to ensure employee safety on the site, and King and the city, as the contractor, were each charged with one count.

According to WorkSafeNB, the Crown decided to go forward with a criminal charge against the employer and supervisor but not the city.

Charges under the Occupational Health and Safety Act were withdrawn when the criminal charges were laid