Safety concerns brought forward before Sudbury pedestrian death, witness testifies

A witness who saw a woman killed on a Sudbury construction site in 2015 testified Thursday she raised safety concerns several times before the fatal incident.

The City of Greater Sudbury is facing six charges under the Occupational Health and Safety Act. The case involves the death of Cecile Paquette, 58, who died on Elgin Street when a grader backed over her in a construction zone.

Interpaving, the contracting company working on the site at the time of Paquette's death was found guilty on Wednesday for failing to provide a traffic signaller. The company was fined $195,000.

On Thursday, Stephanie Leclair was called to the stand. She used to work with the Northern Initaitive for Social Action (NISA), an organization run by and for people who are consumers of mental health services. That organization is located on the same block where the construction was taking place.

Leclair testified she knew Paquette through NISA. Leclair said fencing did go up at the construction site in July 2015, but was no longer there a few months later in September.

Safety concerns

She said she spoke to the construction site supervisor in September 2015 about her safety concerns. She said many NISA clients had mobility issues and were having difficulty accessing the centre through the construction site.

Leclair added she also sent an email to area city councillor Joscelyne Landry Altmann.

On Sept. 30, 2015, Leclair said there were piles of sand at Jesuit Lane which crosses Elgin Street, where pedestrians usually crossed. She said Paquette told her she couldn't cross in that area because she wasn't able to get through with her walker so she was going to cross at Beech Street.

Leclair testified she was heading to her vehicle when she looked back at the intersection at Beech and Elgin to wave goodbye to Paquette.

"I put my arm out and yelled stop," she said. "I saw her get squashed."

Traffic protection plan

Two Interpaving supervisors also testified Thursday.

Court heard about the traffic protection plan provided to the Ministry of Labour for its investigation following the fatal incident. Construction projects must have these in place.

Labourer supervisor Adam Peddie testified the one provided to the ministry was falsely submitted. He told the court he knew he didn't prepare the document because his last name was spelled incorrectly.

Peddie told court that it was Stephane Girouard who drew up the document, however when Girouard took the stand, he testified he couldn't recall doing up the traffic protection plan provided to the ministry.

Girouard also testified that at least four city inspectors were on the construction site regularly. He said these inspectors would check on the progress of the project and speak to Interpaving supervisors about problems or concerns they noticed around the site.

Traffic convictions

​On Wednesday, a ministry inspector and two employees of Interpaving took the stand.

The crown revealed the driving record of grader driver Benoit St. Jean, which detailed 40 traffic convictions on his record dating back several decades.

Another Interpaving employee, Ivan McGregor, testified he believed the death could have been prevented if the area had been completely shut down to pedestrians and motorists during the construction.

The trial will resume Tuesday, when the Crown plans to call several City of Greater Sudbury inspectors to the stand.