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The regional supervising coroner is looking to set dates for inquests into three deaths in Sudbury mines by early fall.
It will be weeks or even months after the dates are scheduled before the inquests are held, however, based on factors such as courtroom space and the availability of expert witnesses, said Dr. David Eden
Coroner’s investigators are compiling three briefs on the June 8, 2011, deaths of Jason Chenier, 35, and Jordan Fram, 26, at Vale’s Stobie Mine and the Jan. 29, 2012, death of Stephen Perry, 47, at Vale’s Coleman Mine.
The deaths of Chenier and Fram may be the subject of a single inquest, Eden said. That will be announced when the inquests are scheduled.
Chenier and Fram were killed at the 3,000-foot level of the century-old Stobie Mine when they were overcome by a run of 350 tons of muck. Perry was killed when a 14-ton piece of rock broke from the wall at the 4,215-foot level of the main ore body at Coleman.
The amount of evidence being collected for the three briefs is “substantial,” said Eden.
New issues can be uncovered by coroner’s investigators while they are preparing these briefs and that may delay setting inquest dates, but Eden is committed to convening the inquests as soon as possible.
Inquests are mandatory in workplace deaths in Ontario. Under the Coroner’s Act, criminal charges and charges under the Occupational Health and Safety Act must be dealt with before inquests can proceed.
No criminal charges were laid in either the Stobie or Coleman accidents. Fifteen Occupational Health and Safety charges were laid against Vale and one of its supervisors in the Stobie fatality.
In September 2013, Vale pleaded guilty to three charges and was fined $350,000 on each count for failing to take reasonable precautions to prevent water accumulation in the mine, the largest fine ever levied under the act. Six other charges against the company and six against the supervisor were dropped. No OHSA charges were laid in Perry’s death.
Eden said the information gathered for the coroner’s and for the OSHA investigation, which is conducted by the Ministry of Labour, will contribute to the briefs.
When asked if the Mining Health, Safety and Prevention Review being conducted by the province would have any impact the inquests, Eden said it would not.
The fact mining experts are involved in the review could have an impact on scheduling for the inquests though, said Eden.
The mining review, struck by the Ministry of Labour to improve mine safety, has a year to produce recommendations.
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