Brian
Giesbrecht, a 30-year-old conductor, was killed while working on a
railway line north of Fort St. John, when a fuel tanker derailed and
rolled over him on Nov. 28, 2012.
Crown prosecutors had argued that a derail sign
on the tracks warning Giesbrecht and others about the danger was
inadequate, and that the documentation surrounding the warning signs
were also not up to standards.
A CN Rail timetable given to Giesbrecht
indicated only one derail location on the remote section of railway
he was working on late that night, and not the second location
further up the line, prosecutors argued.
CN lawyers argued that the company did
everything reasonable to ensure the health and safety of Giesbrecht,
and that no other workers had complained about the signage prior to
the accident.
“We would like to again express our condolences
to the family of Bryan Giesbrecht,” CN spokeswoman Kate Fenske said
in a statement. “We are reviewing our options.”
The maximum penalty for an offence under the
Canadian Labour Code that results in death or serious injury is a $1
million fine.
