Union wants police to 'compel' witnesses in Claridge construction site death

Ottawa's largest trade union is calling for police to push harderin their investigation of Olivier Bruneau's death at a Little Italy construction site, following a CBC News report about how the probe has stalled due to reluctant witnesses.

"We're shocked and frustrated," said SeanMcKenney, president of the Ottawa and District Labour Council, which represents more than 50,000 trade workers in the city.

McKenneyis urging police to treat the investigation the same way they would a fatal stabbing or shooting.

• Ministry of Labour lays charges in construction site death
• Police investigating death at Claridge construction site

Bruneaudied on March 23, 2016 at the site of a massive excavation pit at the corner of Preston Street andCarlingAvenue. A giant chunk of ice broke off the walls and struck the 25-year-old as he workedat the bottom of thenine-storeydeep hole.

There were approximately 30 workers at the construction site of the Claridge Icon condominium tower when Bruneau died, according to police.Some worked for the developer Claridge, while others including Bruneau worked for Bellai Brothers Construction Ltd.

Police sources told CBC Newsno Claridge employees have been interviewed to date.

"To wait until a witness comes in is absurd," McKenney said. "They know who these employees or witnesses are. Police should be more direct in compelling them to come forward and speaking to them."

McKenneyisconcerned a power imbalance may be keeping witnesses from talking.

"I believe individuals are not saying what they want to say or say what they do know for fear they will beturfedand that they willbe out of work,"McKenneysaid."They're worried it will affect their families as well."

No law to compel cooperation: lawyer

The case is the first time Ottawa police have done a criminal investigation of a workplace death. Police started considering criminal negligence chargeslast June, three months afterBruneau's death.

Police cannot force a person to come in for an interview unless they make an arrest. Even in that case, people don't have to speak to police.

"There is no law which compels a person to cooperate with police," said defence lawyer Leo Russomanno, "And the right to silence and the right against self-incrimination are rights that pre-date the charter it goes back centuries."

Russomanno said the only time aperson can be compelled to speak in a criminal investigation is if they are subpoenaed to testify in court by a judgeand that's only if they are deemed to have relevant evidence to give.

Safety issues persist, union says

Even though the Claridge Icon site has been under increased scrutiny from the Ministry of Labour since Bruneau's death, McKenney said he has spoken to workers in recent months who don't feel safe.

On Thursday,the province filedcharges against Claridge, Bellai and two supervisorsunder the Occupational Health and Safety Act.

The eight charges allege the corporations and the individuals failedto remove debris from the excavation wall and failedto protect workers from falling ice.

• Ice chunk hit another worker weeks before Bruneau's death

The corporations could face fines of up to$500,000per conviction, while individuals could face fines of up to $25,000 or 12 months in jail.

McKenney said criminal charges would be the best way to keep workers safe.

"What kind of fine can you put on a person's life? This was an individual in his prime with a wife and a family who loved him dearly who went to work one day and didn't return at night."

A lawyer for Claridgedeclined to comment and Bellai Brothers did not respond to CBC'sinquiries.

The first court date related to the Ministry of Labour charges is March 30.