Nogha Enterprises fined $100K in death of worker in Fort Simpson, N.W.T.
CBC
Claude Fontaine was described as a man with a big personality.
A son, father and brother: he's remembered dearly after his death in a workplace accident, when the excavator he was operating fell into a gravel quarry north of Fort Simpson, N.W.T., in December 2020.
The company he was working for, Nogha Enterprises Ltd., pleaded guilty to two of the original nine charges under the territorial Safety Act and was fined $100,000 with two years probation in territorial court on Thursday morning.
Judge Stephanie Whitecloud-Brass said the incident was "nothing short of tragic" and offered condolences to the family.
"My heart goes out to all of you," said Whitecloud-Brass.
The $100,000 fine amount was recommended as a joint submission from prosecutor Roger Shepard and defence attorney for Nogha Enterprises, Christopher Buchanan. Whitecloud-Brass accepted the fine, while noting that no amount of money can cover the value of life.
In a joint statement by Fontaine's mother and seven siblings, the family said there is no way to prepare for a tragedy like this.
"The accident not only took his life, but also the normalcy, peace and stability of the entire family and community of Fort Simpson," the family wrote.
"Now everyday, we cannot escape the reality and accompanying grief that he is gone."
The family said while Fontaine was short in physical stature, the 58-year-old father had a "big personality" and while Fontaine was not perfect and "never claimed to be," the family always knew where he stood.
"We never went a day doubting his love," they wrote.
The tragic way that Fontaine died is something that also affects the family.
"It constantly haunts us that at the time of Claude's death we were not there to comfort him or share our last goodbyes," the statement reads.
Before his death, the family said that Fontaine had expressed gratitude toward Nogha Enterprises for giving him a position close to home that allowed him to raise his family.
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