Fine in death of Regina man at N.B. wind farm a 'slap in the face,' sister says
Erinn-Jane Brawn says $25K 'doesn't seem like very much' for the life of Matthew Brawn, 46
The sister of a Regina man killed at the construction site of a wind farm in southern New Brunswick is shocked by the "slap on the wrist" penalty imposed against one of the companies involved.
Matthew Jeremy Brawn, 46, a pilot truck driver for Richards Transport Ltd. in Regina, was unloading a wind turbine tower at the Neweg Energy Project in Springdale on July 18 when he was "fatally crushed," according to a WorkSafeNB investigative report obtained by CBC News.
He was run over trying to stop a runaway trailer, known as a dolly, at the site about 18 kilometres northeast of Sussex.
Windturbine Construction Team Inc., the company responsible for installing the turbines, was charged with two counts under the Occupational Health and Safety Act.
The company was charged with failing to ensure an industrial lift truck was not loaded beyond its capacity and with failing to ensure an industrial lift truck was used only for the purpose for which it was designed.
Windturbine pleaded guilty in Saint John provincial court Monday to the first charge, and Crown prosecutor Chris Titus withdrew the second charge.
Titus told the court there was "a lot of technical jargon," but essentially Windturbine Construction "used a lift that wasn't rated for that particular size and weight."
"Effectively the gentleman went to try to disengage, put the brakes on, and it rolled back and killed him."
Titus submitted a joint recommendation of a fine of $25,000, which Judge Lucie Mathurin accepted, along with a victim fine surcharge of $5,000.
'A slap on the wrist'
Erinn-Jane Brawn, who lives in Regina and learned about the sentencing from CBC News, was "sad and hurt."
"The amount of money they were fined doesn't seem like very much for my brother's life," she said in an interview.
"It feels like a slap on the wrist to them and maybe a slap in the face to everybody that loved Matthew."
The maximum penalty under the act is $250,000, six months in jail, or both.
"What incentive would they have to ever do anything different?" Brawn asked, referring to the fine imposed.
Windturbine lawyer Robert Basque stressed in court that Matthew Brawn was not an employee and that the company has spent "a lot of effort and time and money training its staff."
He also expressed condolences to Brawn's family for what he called "this regrettable incident."
Federal investigation underway
Work on the Neweg Energy Project stopped for two days after Brawn's death, but the site is soon expected to be fully operational. Six turbines are expected to produce enough capacity to power about 8,000 homes, according to Halifax-based Natural Forces, which partnered with the Mi'gmaq United Investment Network on the development.
WorkSafeNB did not lay charges against any of the other companies involved.
The investigation found no charges were warranted against Natural Forces, the turbine supplier Enercon, or Martin Up Consulting Inc., said spokesperson Lynn Meahan-Carson.
Some of the equipment involved in the transportation and unloading of the wind turbine tower and death of Brawn, according to the WorkSafeNB report. (WorkSafeNB)
Richards Transport, which specializes in large-scale transportation of heavy equipment, and Total Transport & Rigging, which provides heavy equipment transportation logistics, are both federally regulated, "so we have no jurisdiction over them," she said in an email.
The Labour Program at Employment and Social Development Canada has launched an investigation into the workplace death, spokesperson Mila Roy confirmed in an email Tuesday.
She did not indicate when the investigation started or how long it might take, but "if non-compliance is identified, the Labour Program will enforce the Canada Labour Code through a series of escalating compliance and enforcement measures," she said.
'Nobody should have to die at work to make a paycheque'
Erinn-Jane Brawn is hopeful "something comes of it," but wonders if she'll ever really know what caused the "brutal" death of her younger brother, whom she described as very smart with a dry sense of humour; a man who would "do anything for anybody."
Based on what WorkSafeNB officials told the family about its findings, Matthew reached for the hydraulic brake when the dolly started rolling downhill.
"It wasn't moving very fast, but they don't know if his coveralls got caught or what happened," she said.
The six massive turbines for the Neweg Energy Project were delivered in sections. (WorkSafeNB)
"The guy running the forklift and the actual driver said Matt disappeared from sight, and then there he was again, because he went right under the dolly," which eventually stopped about 22 metres away.
"I feel like he would have wanted to do the right thing and would have done whatever he was told to do," Brawn said. "And that resulted in him not being with us anymore.
"Nobody should have to die at work to make a paycheque."
Warned brother to 'be safe'
At a July 1 family barbecue before he left for New Brunswick, Brawn said, she warned her brother to be careful.
"I hugged him at the front door and said, 'You've got to be careful. I've got to say that cause Mom's gone,'" she said, noting their mother Gail was killed in 2021 after being struck by a vehicle. Their father Jack is in memory care and was recently diagnosed with cancer, she said.
"And I just hugged [Matt] hard and said, 'Be safe.'"
Brawn provided 'unconditional love and uninterruptable attention' to his nephew, August, according to his sister. (Submitted by Erinn-Jane Brawn)
Brawn was "very much enjoying the job" and being in New Brunswick, staying in Saint John at a harbourfront hotel with his dog, Dottie. She said it felt like "a bit of a holiday" for him.
Although it seems his death caused "barely a blip," she feels his loss every day.
"He was my person," she said, fighting back tears.
"I'll never not miss him."
David Amos
My heart goes out to this lady
David Amos
David Amos
"Titus told the court there was "a lot of technical jargon," but essentially Windturbine Construction "used a lift that wasn't rated for that particular size and weight."
"Effectively the gentleman went to try to disengage, put the brakes on, and it rolled back and killed him."
Titus submitted a joint recommendation of a fine of $25,000, which Judge Lucie Mathurin accepted, along with a victim fine surcharge of $5,000."
Yea Right
David Amos
Reply to David Amos
Windturbine pleaded guilty in Saint John provincial court Monday to the first charge, and Crown prosecutor Chris Titus withdrew the second charge.
In many cases compensation depends largely on the person's situation. A young father, kids, wife etc, even mortgage and other factors can be considered in a victim settlement.
For blatant disregard by an employer then criminal and potential prison convictions can occur, though this does not necessarily change any compensation settlement.
There is still the Federal investigation, and yes a civil case can be another choice by the family, though from what I read he was a single man, not a family breadwinner or one on whom others depended on financially.
David Amos
Ever heard of "Next of Kin" ???
Aaron Humeritz
Chuck Gendron
It is a fine, not compensation for the man's life, there is a difference. If they were to go after the company in Civil court it would be for compensation for his life.
David Amos
Reply to Chuck Gendron
Yup
Greg Miller
Was an coroner's inquest held? A civil suit might bring a measure sanction.
David Amos
Reply to Greg Miller
Bingo
Al Clark
Trucking, being federally regulated, have carte blanche to remain a century behind the rest of us and out of reach of provincial OHS standards.
David Amos
Did AI write that for you?
John Montgomery
We are slowly moving towards a world where people with money are above the law.
Sonny Dupree
Reply to John Montgomery
Just look down south....
David Amos
Reply to John Montgomery
Its always been that way
Allan Marven
Why are accident details so secretive in Canada. Knowing them could very well prevent the same thing from happening again.
Steve Morningstar
Reply to Allan Marven
Not sure what else could be provided tbh. I'm sure you can find a link to the report with all the 'technical jargon'. But that said, sounds like a bad accident, he went to reach for the breaks got his overalls caught and was run over. Not sure what else need to know.. It sucks that someone can be taken that quick but unfortunately it happens.
David Amos
Reply to Allan Marven
Go Figure
Reply to Steve Morningstar
Federal government announces more than $1B for clean energy projects in N.B.
Many projects are in collaboration with Indigenous communities and governments
The federal government has announced just over $1 billion in funding for clean electricity projects in New Brunswick.
In Dieppe on Sunday for the announcement, Minister of Environment and Climate Change Steven Guilbeault said the money would ensure that the province's power grid can keep up with increasing demand.
"All of us have a role to play in building the future we want to see — a future where we can fight climate change, grow the economy, and generate good union paying jobs," he said.
The funding will go toward numerous projects, but the largest portion by far is the $1 billion earmarked for 670-megawatts worth of Indigenous-led wind projects through the Canada Infrastructure Bank and Natural Resources Canada.
"Building a clean electricity grid is central to Canada's effort to tackle the climate change crisis," said Guilbeault.
Other projects include:
- $25 million for the Neweg Energy wind project.
- $25 million to N.B. Power for pre-development work for up to 600 megawatts in new small modular reactor capacity at the Point Lepreau Nuclear Generating Station.
- A commitment to support the conversion of the Belledune generating station from coal-fired power to biomass
- $1.6 million to further investigate the conversion through engineering and planning studies.
- $1.3 million to N.B. Power for pre-development work on the modified Atlantic Loop transmission line between N.B. and N.S.
- $500,000 to the North Shore Mi'kmaq Tribal Council to provide seven Mi'kmaw nations in New Brunswick resources and technical support and enable direct participation in clean energy opportunities.
"Whenever we introduce any kind of new energy generation, there's always fear, there's always concern," said René Legacy, New Brunswick's energy minister and deputy premier.
"So the quicker we get the dialogue going, the quicker we start producing and getting the project started, the better it is."
N.B. Power estimates these investments will help power up to 140,000 homes.
Joint agreement
Canada has committed to building a net-zero energy grid by 2050. But New Brunswick has long relied on coal and fossil fuels, threatening to derail that commitment.
Guilbeault said Sunday that another part of the announcement included an agreement between the two levels of government when it comes to new clean energy regulations.
"We've worked hard together to identify key investments that will support the phaseout of coal-fired electricity in New Brunswick by 2030 as we build a clean power grid for the future," he said.
That agreement includes some "flexibilities" when it comes to decarbonization, which will be available to all provinces, although no details were provided.
Indigenous groups taking the lead
Elder Gordon Labillois of Eel River Bar First Nation, spoke at the announcement as a representative from the Indigenous communities that will oversee some of the projects.
MI'kmaw Elder Gordon Labillois says the partnership goes beyond simple duty to consult with Indigenous communities. (Victoria Walton/CBC)
"It's about action … reconciliation," he said. "We're finally starting to see some action that's been talked about for the longest period of time now, but it's nice to see the action with N.B. Power."
Labillois, who said his own community is at risk of being displaced by climate change, hopes that the announcements made Sunday will prevent further communities from being impacted.
"Who's to say what's gonna happen in 100 years, 200 years or 500 years?" he said. "But I think it's important to do something today."
Wow before I scroll down I have no doubt many folks can see this for what it is
Don Corey
Reply to David Amos
I can certainly see it for what it is; absolutely.
"The funding will go toward numerous projects, but the largest portion by far is the $1 billion earmarked for 670-megawatts worth of Indigenous-led wind projects through the Canada Infrastructure Bank and Natural Resources Canada."
$ 1 BILLION!!!
That's a lot of money, and absolutely no details provided on how it will be spent, or where, or when, and for what?
This federal government has a proven track record of seldom, if ever, delivering on their vague commitments.
It's all about more Liberal spending for votes, and Leblanc has to show that he's finally done something for the province that, sadly, keeps voting him in.
David Amos
Reply to Don Corey
Yup
Alison Jackson
Biomass is almost as bad as coal fired.
Walter Vrbetic
Reply to Alison Jackson
You think, let's have a closer look...
Wood pellets are what's commonly known as biomass... so it comes from trees.
Burn a tree's worth of pellets and plant a tree. The newly planted tree recaptures the CO2 from burning in the roughly 30 years it takes for that tree to mature.
Now look at coal (or gas or oil...) how many millions of years would it take for new coal to form and recapture that CO2?
David Amos
IMHO Its worse
Rae Swearengen
The "collaboration" will be your demise. Have fun.
David Amos
Reply to Rae Swearengen
C'est Vrai
Shevek Anarres
Much of Earth's lands are drying out and damaging the ability of plant and animal life to survive, according to a United Nations report released Monday at talks where countries are working to address the problem.
Dennis Woodman
Reply to Shevek Anarres
And?
David Amos
Reply to Dennis Woodman
Keep reading
Shevek Anarres
Reply to Dennis Woodman
If you don't see the connection...
Rae Swearengen
Reply to Shevek Anarres
How is that possible? The planet is a closed circuit of sorts. The same amount of water in on this planet that always has been. Maybe it's frozen on-top of a mountain or maybe it's in the ocean or as fog somewhere. It's moving. Our climate is changing and shifting. And human ingenuity will adapt.. asking people to do without or to regress will not work in any way, shape or form. So please move over and allow the big brained people create and evolve. Progress reigns.
Alison Jackson
Reply to Rae Swearengen
"asking people to do without or to regress will not work in any way, shape or form."
Why? Because people are stuck in their ways and don't want to change? or perhaps social media is telling them not to? Which one do you think it is?
Rae Swearengen
Reply to Alison Jackson
No because they don't want to stop flying in planes. They don't want to go back to drinking from paper straws. They don't want to use less air conditioning etc etc etc. we are being asked to do with less. And that won't work.
do green projects require so much of my money ?
Shevek Anarres
Reply to Jimmy Cochrane
Why does the oil industry need so much of mine?
David Amos
Reply to Jimmy Cochrane
Go Figure
Ronald Miller
Reply to Shevek Anarres
While I am all for green energy and its development, much of the oil industry are publicly traded companies, their money does not come from the taxpayer.
John Hoagie
Reply to Shevek Anarres
They don't really get much of "your money" and on top of that they have to pay for a $34B federal boondoggle.
One more money pit/slush fund for libs and their pals
Before they are sent into histories ash can
David Amos
Reply to Gordon MacFarlane
Oh So True
J.D. Irving given green light on Brighton Mountain wind farm project
Province approves first phase of $550M development
A large wind farm proposal from J.D. Irving, a first for the company, has been given approval by the province to proceed.
Known as the Brighton Mountain Wind Farm, the $550-million project is near the hamlet of Juniper in Carleton County.
A provincial document dated Nov. 5 gives the company approval for Phase 1 of the project, which company documents available on the project website outline as up to 34 turbines on the northern half of the project property with a capacity of up to 200 megawatts.
"Now that the project has been approved, we are looking forward to working with stakeholders and the local community to make the project a reality and, in doing so, help New Brunswick achieve its long-term renewable energy goals," JDI spokesperson Anne McInerney said in an email statement Friday.
The company has previously said it planned to break ground in 2025 once it had approval. The approval document from the province says construction must begin within five years.
The second phase, which would include up to 24 turbines with a capacity of up to approximately 150 megawatts, would need its own approval.
When the project was first announced in May, J.D. Irving said it planned to sell the energy to N.B. Power. N.B. Power spokesperson D'Arcy Walsh said in an email Friday that the utility still does not have a power purchasing agreement in place for the project.
A map shows where each of the 58 turbines will be spaced out on the project site, marked by numbers. Only those on the northern half of the site have been approved by the province. (J.D. Irving)
JDI completed an environmental impact assessment in April, and now must adhere to all the obligations and mitigation measures detailed, according to the approval from the province.
At a public meeting in Juniper in August, several locals spoke out against the project, citing environmental concerns and what they called a lack of communication from the company.
JDI set up an email address to answer questions about the project, as well as a website detailing the plans and linking to the complete environmental assessment.
The website JDI set up for the project estimates that just 0.3 per cent of the property will have to be cleared for the project, or about 227 hectares. The company also said existing forest roads would be used as much as possible for construction.
Guidelines from the province's approval include halting construction if any archeological remains or nesting migratory birds are discovered at the site. Additional approvals are required for any construction on or near wetlands.
JDI must also conduct post-construction bird and bat studies to submit to the federal and provincial governments, the approval said.
The wind turbines must be decommissioned within a year of when they stop operating and the province requires a decommission plan that includes site reclamation.
$200M wind-farm proposal in western N.B. a first for Sitansisk First Nation
Proposed construction start date is July 2026, goal to be in service by December 2027
A proposed wind farm in the Florenceville-Bristol area of western New Brunswick drew support and concern from about 60 people at a public information session this week.
The $200-million project, with up to 12 turbines, would be 51 per cent owned by Sitansisk First Nation, also known as St. Mary's, and Eolectric, a company from Quebec.
"This is our first time in a project at this level. So, it is exciting," said Patrick Brooks, the economic development officer for the First Nation in Fredericton.
Brooks said Indigenous people are becoming more recognized as stakeholders in energy development.
"This is our first time at a project that exists outside of the confines of our reservation," he said. "So for me, that's very significant."
A public information session in Florenceville-Bristol drew about 60 people. The proposed construction start date is July 2026 with a goal to be in service by December 2027. (Sam Farley/CBC)
Simon Parent-Pothier, director of development and partnerships with Eolectric, said in an interview that Sitansisk was really interested in economic development off the reserve.
"We've seen that interest, and they're also looking at having some sort of economic reconciliation on their traditional territory, and the project happens to be on Wolastoqey unceded territory," he said.
The Montreal-based company has been developing green energy projects for more than 20 years.
Parent-Pothier said the proposed site was identified by Eolectric in 2007, and environmental studies have been going on since April 2023. It was Eolectric that reached out to Sitansisk to form the partnership, he said.
Another reason for the project was that N.B. Power asked for expressions of interest for green energy projects last year, he said.
The proposed construction start date is July 2026 with a goal to be in service by December 2027. The site would be decommissioned in 2057.
With 50 megawatts of capacity, that's enough to power 10,000 to 18,000 homes per year, Parent-Pothier said.
The engineering and financing for the project still need to be finalized, Parent-Pothier said, and municipal permits need to be secured.
A display board highlighted the project location in red. It's northeast of Florenceville-Bristol, inbetween Centre Glassville and South Johnville. (Sam Farley/CBC)
Not only has the site proven to be a great wind location through studies and near the existing transmission network, he said, but it's also accessible because of existing logging roads.
Eolectric and Sitansisk are already in discussions with N.B. Power, he said, and he's hopeful for an agreement and a finished environmental impact assessment by the end of the year.
The project is on 85 per cent Crown land and 15 per cent private.
Once the contract with N.B. Power is signed, Eolectric and Sitansisk can then apply for a licence of occupation from the province for Crown lands, Parent-Pothier said.
Agreements have already been made to use the privately owned land in the project area, he added.
The proposal includes up to 12 turbines, which would be operational by the end of 2027. (Sam Farley/CBC)
The project site is just northeast of Florenceville-Bristol, roughly between the areas of Centre Glassville and South Johnville. Brooks said the area has already been clear-cut several times for logging and is mostly home to recreational trails and a few hunting cabins.
According to information presented at the public meeting, construction would create about 100 jobs in the area and five full-time jobs afterward, as well as "contracting opportunities for local and First Nations businesses."
Residents express support, concern
People who came out to the meeting had mixed opinions on the project.
Ajay Bhushan, who lives in Bath, said he was impressed by how much thought had gone into the proposal. He said he now feels he has enough information to answer questions from friends who had environmental concerns about the wind farm.
Citing ongoing issues N.B. Power is facing with the Point Lepreau nuclear plant, Bhushan said the province needs more wind and solar projects.
"I think the only disappointment for me is that where my house is, I won't be able to see the turbines from my house," Bhushan joked.
Rod Shaw of Woodstock was also supportive of the project after coming to the meeting.
"It's very, very well planned, very well laid out from start to finish," Shaw said, even down to the decommissioning plan.
Carleton North Mayor Andrew Harvey said he supports the project and was impressed by the information presented by Eolectric and Sitansisk.
"I'm a big believer in renewable energy and wind power and solar and hydro and that sort of thing. So I think that's good for the future," he said.
Ajay Bhushan from Bath said he supports the project because New Brunswick needs more green energy. (Sam Farley/CBC)
There were several residents who said they didn't support the project, but declined to be interviewed. They raised concerns with environmental contamination, that turbine blades might fall off and that the project wouldn't last as long as Eolectric claimed.
There was some overlap in the crowd of people who opposed this project with those who came out to an August public meeting in Juniper to oppose a larger wind farm proposal from J.D. Irving.
The two project proposals are roughly 20 kilometres apart from each other.
Parent-Pothier said the turbines are designed to last a minimum 25 years, but there are cases they can be refurbished to last longer. When they are decommissioned, most of the turbines can be recycled, he added.
He also said there's no contamination concerns for local rivers or water sources and that most of the project site has a buffer area away from streams.
The project will use about nine kilometres of existing roads and build an additional 4.2 kilometres, which limits trees being cut down, he said.
Project materials say environmental studies are being conducted under an environmental impact assessment process for the province. These include studies on birds, vegetation, rare plants, wetlands and general wildlife. There are also archeological, soil, telecom interference and acoustic studies underway.
Residents opposed to it said they were worried the local area would see little benefit, while Sitansisk and Eolectric would profit.
Brooks said money from the project will go to Carleton North through taxes, a land lease with the province for the Crown lands, and property taxes paid on the Crown lease.
Brooks spoke about the challenges Sitansisk has faced in recent years, such as the closure of St. Mary's Supermarket and the operation of the St. Mary's Entertainment Centre during the pandemic.
"So we have to look at other areas of economic development in order to support our people," he said.
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