Canada Asbestos Industry Undeterred By Criminal Convictions In Italy

Asbestos

First Posted: 02/13/2012 4:07 pm Updated: 02/13/2012 11:11 pm

MONTREAL - Canada's asbestos industry said it had nothing to fear Monday after two men were criminally convicted in more than 2,000 asbestos-related deaths in Italy.

Construction-firm executives Jean-Louise de Cartier of Belgium and Stephan Schmidheiny of Switzerland were each handed 16-year prison sentences for negligence following a trial that officials called historic.

A representative for Canada's controversial asbestos sector said he doesn't think similar criminal charges could ever be laid against industry players here.

"I personally believe that there is no possibility," said Guy Versailles, a spokesman for Montreal asbestos salesman Baljit Chadha and Quebec's Jeffrey Mine.

Versailles said if it were possible, such charges likely would already have been filed against people in a highly scrutinized industry that has lost many civil lawsuits for past unsafe practices of the 1950s, '60s and '70s.

"The victims and the lawyers have been so persistent on this — for decades — milking the industry dry that anything they could do and anything governments could do would have been done," he said Monday following the verdict in Italy.

"I think it's as simple as that."

Versailles insists the embattled Canadian industry, which is now only located in central Quebec, cleaned up its act long ago. The industry says the fibrous mineral is safe when handled in a secure manner — a claim industry critics dispute.

But one legal expert said similar criminal charges could be possible in Canada. He added, however, that it might be difficult for prosecutors to obtain a conviction.

Ed Ratushny, a law professor at the University of Ottawa, said executives can be charged in Canada with negligence for employee injuries and deaths.

As an example, Ratushny cited the 1992 Westray coal-mine explosion in Nova Scotia, which killed 26 miners. Criminal charges were laid against the company and a few of its managers, but they were stayed after a trial.

He said it's hard to make a direct link between actions taken by industry executives and asbestos exposure, which often takes a long time to develop into a related illness.

Ratushny noted that just because lawyers have won civil lawsuits against the Canadian asbestos industry doesn't guarantee criminal charges could also be laid.

"There's a higher burden of proof in a criminal case — you need proof beyond a reasonable doubt," he said.

Canada has faced mounting opposition from health critics at home and abroad over its production and export of the carcinogenic material to poorer countries.

The debate over health concerns has undermined the reputation of Canada's once-mighty asbestos industry, which is now hoping to secure a $58-million bank-loan guarantee from the Quebec government to survive.

The asbestos sector has made many headlines in Canada, as it did in Italy during the two-year trial of de Cartier and Schmidheiny.

Prosecutors said the men, both key shareholders in the Swiss construction firm Eternit, failed to stop asbestos fibres at factories in the northern Italy from spreading across the region.

The defendants, who were tried in absentia, had denied wrongdoing.

Italian Health Minister Renato Balduzzi hailed the verdict by the Turin court as "without exaggeration, truly historic," noting that it came after a long battle for justice.

Hundreds of people, many of them who had lost parents or spouses to asbestos-linked diseases, crowded into the courtroom and two nearby halls for the verdict. When the convictions were announced, some of the spectators wept.

Two hours after announcing the convictions, Judge Giuseppe Casalbore was still reading the court’s complete verdict, which included awards of monetary damages from civil lawsuits from some 6,300 victims or their relatives who alleged that loved ones either died or were left ill from asbestos.

An Italian news agency, reporting from the courthouse, said the defendants were ordered to pay (euro) 25 million ($32.5 million) to the town of Casale Monferrato, where one of the factories was located and where asbestos was used in road construction, and (euro) 20 million ($26 million) to the Piedmont region.

Opponents of Canada's asbestos industry applauded the Italian verdict.

New Democrat MP Pat Martin, a former asbestos miner and longtime critic of the industry, was among those emboldened by the convictions.

"The asbestos industry should be served notice that we are coming for them and it would do my heart good to see somebody led away in handcuffs for all the misery that they've caused over the years," he said Monday.

- With files from Associated Press

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By Andy Blatchford and Jennifer Ditchburn, The Canadian Press

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MONTREAL - Canada's asbestos industry said it had nothing to fear Monday after two men were criminally convicted in more than 2,000 asbestos-related deaths in Italy.Construction-firm executives Jean-L...
MONTREAL - Canada's asbestos industry said it had nothing to fear Monday after two men were criminally convicted in more than 2,000 asbestos-related deaths in Italy.Construction-firm executives Jean-L...
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02:52 AM on 02/15/2012
Shows where Harpers priorities lie. He's all for mandatory minimum sentencing that will see a pot grower serve more time than a child molester, yet he's against putting these men in jail who knowingly export cancer causing agents to third world countries.

I guess if you're not for asbestos, you're supporting child pornography.
08:27 AM on 02/14/2012
So, according to Harper; it's not criminal if we are the ones doing it?
07:17 AM on 02/14/2012
harper has shown the back of his hand to quebecers at every turn ------even extending to having them risk their health mining asberstos in the pursuit of corporate profits
08:15 AM on 02/14/2012
actually, just the opposite, as any move by harper to shut down the asbestos industry would be interpreted as anti-quebec
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wisdom4you
wisdom is/ = alter ego perspectives :-)
09:01 AM on 02/14/2012
harley, since when is anti-quebec anti crime?
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HUFFPOST SUPER USER
gravescanada
06:23 AM on 02/14/2012
On Tue Apr 26 2011 Health professionals, unions and environmental groups pleaded with Harper Tuesday to end his backing of asbestos, which is being exported mostly to developing countries these days.

“We call on you to put people’s lives ahead of politics,” said Dr. Kapil Khatter of the Canadian Association of Physicians for the Environment.

“Canada’s leading medical authorities have all told you that the export of asbestos is medically and morally indefensible and will lead to an epidemic of asbestos-related disease and death overseas,” Khatter said, accusing Harper of being the “the only national leader in Canada and in the Western world to promote asbestos.”
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gravescanada
06:21 AM on 02/14/2012
What our esteemed leader Prime Minister Harper had to say about the issue.
On Apr 26 2011 Harper said while he has “no plans” to expand the use of the hazardous fire-resistant material in Canada, he supports its sale abroad.
“Chrysotile specifically is permitted internationally under conditions of safe and controlled use,” he said, referring to the white asbestos mined in Quebec.
“Canada is one of a number of exporters of chrysotile and there are a number of countries in which it is legal who are buyers,” Harper said at a seniors’ residence named for the local Jeffrey asbestos mine.

“This government will not put Canadian industry in a position where it is discriminated against in a market where it is permitted.”

While he nodded sympathetically at the mention of Strahl’s health plight by a reporter, he did not refer to his long-time colleague in a brief response on the issue.

Ironically, asbestos is being removed from schools, the House of Commons and even 24 Sussex Dr., where the Prime Minister resides with his wife and two children.

But it remains a construction staple in developing countries such as India.
http://www.thestar.com/news/canada/politics/article/980449
05:48 AM on 02/14/2012
I'm deeply ashamed of our government and their handling of this issue.

It's unconscionable, even for conservatives.
08:43 AM on 02/14/2012
It's mostly a provincial issue, and mostly Quebec. That's why the feds won't touch it, no matter what the political stripe.
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wisdom4you
wisdom is/ = alter ego perspectives :-)
09:11 AM on 02/14/2012
nope!, most certainly not 'provincial', crime is crime where ever it may be found.
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mirabay
stand for something or you will fall for
04:31 AM on 02/14/2012
kind of like amerika......no conscience.......
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Add In Canadia
Egotism is a weakness
01:44 AM on 02/14/2012
What I find fascinating about Asbestos Quebec, is how the well being of some small backwater town is greater than that of entire nations that have been convinced to line their buildings with basically poison.

How do 7000 people have so much political power for so long? There are so many more important issues that could be addressed, but the welfare of a deadly industry for the sake of 7000 people takes precedence? Kinda sad.
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logicanada
Blogger, radio co-host, writer, editor, voice-over
12:02 AM on 02/14/2012
A representative for Canada's controversial asbestos sector said he doesn't think similar criminal charges could ever be laid against industry players here.

Players. Yes, it's all a fun game . . . to win.
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Liz Wilson 2
“a small group can change the world
06:32 AM on 02/14/2012
Why is that? Do we have laws to protect industry from lawsuits or have we failed to create a law to cover this situation?
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waldopepper
I'd tell you all about me if you were my friend.
11:58 PM on 02/13/2012
I now have three things that I can be ashamed of Canada for. This, the seal hunt, the way that Canada treats first nations peoples and Harper. Wait that's four. :) FOUR things!
12:26 AM on 02/14/2012
The seal hunt is no different than_ki.ll.ing_any animal, First Nations receive more money from the Canadian taxpayer than the GDP of many whole countries, and Harper hasn't dismantled any of your beloved social programs and safety nets.
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waldopepper
I'd tell you all about me if you were my friend.
04:31 AM on 02/14/2012
The useless and irrelevance and shame the seal hunt brings to the nation make the seal hunt different.

"First Nations receive more money..."

Firstly, to you types it is always merely about money. And secondly, despite that dubious fact of yours it is still not making a difference in the quality of their lives - therefore it is not what is needed. THAT aspect (that Canada is not delivering what is needed (perhaps hope - or self determination or pride or some other ineffable quality that those who are consigned to the ghetto of a reservation) is the part that is galling and a disgrace to the nation.

"... and Harper hasn't dismantled any of your beloved social programs and safety nets.”

As if that is all I care about when it comes to the blight that is Harper. Once again you miss the point. I object to Harper and his abolition of reason and rationality. How he goes against science, objectivity and practicality when he makes nonsensical policy decisions.

Two things spring to mind in this regard. His crackdown on rampant crime (when crime statistics show declining crime) It is unnecessary and costly to do so. Secondly, his gutting of the Canada Census capabilities. I cannot remember a single segment of society that supports this counter productive policy.

Lastly I despise his denial of global warming and the shift he has imposed, and the commensurate damage he has done to the reputation of the nation.
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Liz Wilson 2
“a small group can change the world
06:34 AM on 02/14/2012
FN communities recieve less money that other communities. You may be interested in following the law suit against the federal government right now. It might help clear up some of the other myths regarding our relationship with the FN people that float around masked as truths.
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njdanie
old retired nerd
11:39 PM on 02/13/2012
Canada doesn't mine asbestos. It's a provincial resource.
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waldopepper
I'd tell you all about me if you were my friend.
11:58 PM on 02/13/2012
The feds could stop it.
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Blacksheep1
Keeping the Left honest, 7 days a week!
05:44 AM on 02/14/2012
Not their business.
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Mr Ware
I ate a Cornflake, so now I am a cereal killer.
10:43 PM on 02/13/2012
When will we learn that the industry is dangerous and outdated???
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Blacksheep1
Keeping the Left honest, 7 days a week!
05:45 AM on 02/14/2012
When people stop paying for asbestos.
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gravescanada
06:24 AM on 02/14/2012
When we stop shipping it to third world countries.
10:24 PM on 02/13/2012
Harper is a corporate servant not a representative of Canadians. After all he is done with regards to tar sands extraction, military expenditures , and subsidies for oil companies and yet there are people who still believe he works the behest of them . They are totally delusional.
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Add In Canadia
Egotism is a weakness
01:39 AM on 02/14/2012
Because the Liberals were so intent on stopping this industry when they were in power right? Because the Liberals were so intelligent with their own military expenditures of helicopters with a tendency not to fly, and submarines that could not submerge. Because the Liberals so brilliantly crushed the Alberta economy that it had to be sold at ridiculously discounted prices to outside interests that don't have to answer to the Canadian public.

History tends to be kind to no one.
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Good to know
10:24 PM on 02/13/2012
Asbestos Ban Controversy

For decades, the Canadian government and the government of Quebec have been financially supporting the Chrysotile Institute (CI), an asbestos lobby group. However, in March 2011, Ottawa chose not to allocate funds for CI for the coming fiscal year, marking a step in the right direction for asbestos ban supporters. In addition, a federation of 300,000 unionized Quebecers also pulled their funding, and experts attest that the asbestos industry has been left in a weakened state.

Canada has long resisted a universal ban of asbestos as proposed by the World Health Organization (WHO) and many other countries. Canada continues to be a major exporter of chrysotile asbestos to many poor countries who do not monitor asbestos exposure or regulate its use.

The Canadian Cancer Society and the International Labour Organization have largely been ignored in their push to ban asbestos in Canada. To date, all 27 European Union countries, Australia, Egypt, Saudi Arabia, Chile and Japan have banned asbestos in their countries. The government of Canada continues to hold out on an asbestos ban, due in part to its $100 million dollar chrysotile asbestos industry.

View Article Sources
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Victor Saymong
Canuck up Toronto way
09:52 PM on 02/13/2012
Peter Gabriel: "To find the places I got hurt"

Canadian Govt and industry: "We do not care 'bout who we hurt"