No trial dates or pleas entered yet on workplace safety charges linked to fatal refinery explosion

Occupational health and safety charges related to a fatal flash fire at the Come By Chance, N.L., refinery continue to inch forward, with the Crown stressing the importance of setting trial dates to avoid the possibility of the case getting tossed for excessive delays.

Braya Renewable Fuels (Newfoundland) GP Incorporated is facing 11 safety-related charges, while Lorneville Mechanical Contractors Limited is accused of three violations.

The OHS charges were filed this summer, nearly two years after an explosion ripped through the refinery on the Friday before Labour Day in 2022.

One worker Shawn Peddle of Clarenville died in hospital six weeks after the blast. Seven other workers were seriously injured.

Braya has filed an application to get more details about the occupational health and safety charges from the Crown. That hearing is scheduled for January.

No pleas have been entered, at this point, and no trial dates have been set.

"I know this trial, if it does go to trial, is likely going to be lengthy," Crown prosecutor Shawn Patten told the court on Thursday.

"It's going to be a month or so."

Patten suggested the court look at reserving dates soon, because it may take six months from whenever a plea is entered to get the trial started.

He noted the so-called "Jordan deadline" for the case falls in January 2026.

Jordan refers to a Supreme Court of Canada decision about unreasonable trial delays. It sets a limit of 18 months for provincial court trials to be concluded after charges are laid.

"I certainly don't want to have a trial in this matter late in the fall [of 2025] going into winter, because then we could run into Jordan problems if there are delays," Patten said.

The case is due back in court Dec. 19 for a status update.

The small courtroom in Clarenville was once again packed Thursday with union leaders, workers, and family members.

"This is the third appearance that we have made in the court," Ron Thomas, international representative for the United Steelworkers in Newfoundland and Labrador, told CBC News after proceedings had ended.

"It is the process, but we were sort of hoping for a plea today and it just never happened.... It's frustrating for the families."

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