MANDEL: Agency found negligent for employee's drowning fined $225,000

Article content

Ashiru Sarafa Awoyemi was a dedicated, hardworking support worker for intellectually disabled adults near Newmarket – but he should never have been told to take a client swimming.

The Nigerian refugee wasn’t a good swimmer.

On Feb. 12, 2021, Awoyemi’s lifeless body was discovered by a co-worker at the bottom of the pool operated by New Leaf: Living and Learning Together Inc. In that avoidable tragedy, the 50-year-old man’s dream of bringing his four children here from Nigeria died with him as well.

Three years later, an Ontario Court judge found the otherwise “remarkable” non-profit agency and its genuinely remorseful former day program manager Colin Lang guilty of multiple violations under the provincial Occupational Health and Safety Act.

In a sentencing judgment this week, Justice Rohan Robinson ordered the cash-strapped New Leaf to pay $225,000 in fines within 10 years while Lang has five years to pay $30,000.

Awoyemi’s union believes the sentence falls far short.

“The neglect by New Leaf led to the death of a father and husband who went to work that day so he could provide to his family in Nigeria and reach his dream of bringing them to Canada. Instead, his life was stolen, and his family’s dreams were shattered,” SEIU Healthcare President Tyler Downey said in a statement.

“These weak fines are not justice and won’t prevent more tragedies in the future. If you kill a worker, you should go to jail.”

According to the ruling, the pandemic had shut down New Leaf’s pool and day programs and a difficult client identified as John was having serious behavioural issues as a result. He needed two PSWs – Awoyemi and Jack Johnson – to deal with him because of his size and aggression.

A decision was made to reopen the pool for John’s use but Johnson refused to accompany them because of the client’s recent aggression and he tried to dissuade Awoyemi from going with him alone.

“Unfortunately, Mr. Ashiru did not take Mr. Johnson’s advice,” wrote Robinson.

The pool was locked and the aquatic supervisor was away sick. Lang told housekeeping to open the doors and dismissed concerns that Awoyemi was there alone, reassuring himself in a text to another supervisor that “I’m sure John will stay in the shallow end.”

The New Leaf pool policy at the time required two staff in attendance, at least one of whom was a “competent” swimmer.

Three of Awoyemi’s devastated children filed victim impact statements, detailing their loving and much-loved dad.

“The children remain distraught at the loss of their father. Moreover, their ability to immigrate to Canada and attend post-secondary education has seemingly vanished as a direct result.”

But it seems wrong that they will see none of the money that New Leaf and its former manager have been ordered to pay.

Robinson regretted not being legally allowed to earmark the fines for Awoyemi’s family, rather than the Ontario government, but suggested such an amendment “may well be an area worthy of consideration” to help future victims.

mmandel@postmedia.com