Friday, May 23, 2008
Court clears CAW in NWT bomb blast
During a labour dispute at Yellowknife's Giant Mine in 1992, an employee named Roger Warren snuck into the mine and deliberately set a bomb that later killed nine miners who had crossed the picket line. Warren denied any knowledge of the bomb for many months, but eventually confessed and was convicted of nine counts of murder.
The families of the deceased miners sued Royal Oak (the owner of the mine), Pinkerton's (who was providing security during the strike), the Government of the Northwest Territories, the CAW-Canada and various individuals. After an eight month trial, all of the defendants (with the exception of two individuals) were found liable. CAW-Canada was found liable in negligence for inciting, condoning or failing to do anything to stop violence among the striking employees. The trial judge held that Warren's bomb was just another in a series of violent acts on and off the picket line and that the union should have done something to stop it.
CAW-National appealed the decision, as did Pinkerton's and the Government of the Northwest Territories. Royal Oak did not appeal.
On May 22, 2008, the Court of Appeal overturned the trial decision, holding that none of the appellants were responsible for Warren's actions. The Court noted that persons are responsible for their own tortious actions but, as a general rule, no person is responsible for the tortious actions of others, particularly intentional criminal conduct. In the circumstances of this case, no duty to prevent the criminal actions of a third person could be imposed on the defendants. Moreover, it could not said that anything the defendants did or failed to do caused Warren to plant the bomb. In holding otherwise, the trial judge erred in numerous respects, applying the wrong legal test for causation, confusing different legal concepts, failing to conduct the appropriate legal analyses and failing to make necessary findings of fact.
To read the Court of Appeal's decision, click here.
CAW-National was represented by Lyle Kanee and Steven Barrett, along with Pat Nugent of Chivers Carpenter in Edmonton.
