Two companies pleaded guilty to violating the Alberta Building Code by poorly storing materials which caused a risk to people's safety in the August 2009 death of three year old Michelle Krsek. Michelle was killed and her father and brother were injured by falling debris from a construction site in Calgary. The maximum fine is a criminally unjust $15,000. Hopefully Michelle's death leads to a review of the level of punishment in these types of cases,in my view if your negligence causes death than no less than a term of incarceration is warranted.
"What do you think? That's enough to pay for a $2-billion company," Michelle's mother, Mariana Krsek,
Prosecutor Chris Archer said there were a number of aggravating factors which warranted the maximum punishment allowed under the provincial legislation.
Archer noted the material was left improperly secured on the rooftop for nearly a week before the tragic death.
"A substantial period of time passed when nothing, in our view, was done to ensure the site was secure," he said.
A stack of steel sheets had been pinned with seven metal screws, four of which didn't pierce the roof deck below causing them to come loose in strong winds.
In accepting a joint recommendation for the maximum fine, provincial court Judge Gerry Meagher noted he had no power to review the adequacy of the harshest punishment available.
"The penalty provisions for this particular offence are insignificant and woefully inadequate," Meagher said.