Ornge helicopter crash

[John R81]

[i]R v 7506406 Canada Inc (2017 ONCJ 750) Ornge air ambulance services were charged with 3 counts under the Labour Code following the air ambulance crash discussed above. All charges were dismissed
The charges were that Ornge

1. failed to ensure employee safety by failing to provide pilots with a means to maintain visual reference while operating at night leading to the deaths of Donald Mark Filliter and Jacques Dupuy (2 separate charges); and
2. failed to ensure the health and safety of its employees by failing to provide adequate supervision for daily flight activities at Moosonee by way of eliminating the position of base manager.

On (b), the Crown's position was that Ornge's decision to discontinue the base manager position removed a critical safety-net. The court was unconvinced and dismissed the charge. A centralised scheduling system was used in the industry and senior, experienced pilots and employees collectively filled any gaps.

On (a), Ornge did provide searchlights with which to see the ground, but these were not adequate to allow an acceptable level of safety for flight. Though Ornge complied with the regulations issued by Transport Canada, the Court held that “there is an undefined area or space between the regulatory scheme and the [centralised load control] where the general obligation to conduct a safe operation may apply and impose additional obligations”. This view was reflected in some of the comments earlier in discussions in this PPrune thread.

However, the Court considered that it is impossible to eliminate all risk in the helicopter medical transport industry, rather the goal is to reduce and maintain risk at an acceptable level. As it was not industry practice in Canada to equip all medical helicopters with night vision goggles, Ornge was not negligent in failing to provide night vision capability.