The NSEF Congratulates Nicole On Seeking Justice For Her Brother.

We just got off the phone with Nicole Gnazdowsky where members of the NSEF congratulated Nicole on her advocacy for her brother who was wrongfully killed in an accident. If a young lady can bring down a big corporation and the provincial government on something they did wrong, there is hope for the equalization issue. We all should be inspired by Nicole's actions. Nicole reached out to the NSEF over 4 years ago when the accident happened. We helped Nicole with as much information as we could. We also sent the following message to Iain Rankin based upon his actions: Nova Scotia Equalization Fairness Iain Rankin owes Nicole Gnazdowsky an apology. Iain, you had an opportunity to help one of your constituents with the wrongful death of her brother but instead you chose to throw her under the bus with the RCMP. Perhaps you should apologize and praise Nicole for taking on Nova Scotia Power Corp, the Province of NS and the contractor and being victorious in the case. Your actions were shameful Iain and the message was clear to the people of Nova Scotia about where our politicians’ loyalties lay. Here was that story: After a chance encounter at a park, Liberal leader Iain Rankin called the RCMP on Nicole Gnazdowsky Liberal leader Iain Rankin called the RCMP after a chance encounter with a constituent on Sunday. Nicole Gnazdowsky ran into Rankin at a park in the former premier’s Timberlea-Prospect riding on Sunday afternoon. Both Gnazdowsky and Rankin brought their dogs to the park to play fetch, but when Gnazdowsky spotted her MLA, she approached him to ask some questions about the investigation into her brother’s workplace death. Gnazdowsky’s brother Andrew died at a Nova Scotia Power site near Sheet Harbour in October 2020, and she’s been fighting for answers ever since. Meeting resistance at every turn, she’s concluded that the provincial Department of Labour “botched” the investigation after she identified a potential conflict of interest and a flawed medical examiner’s report. Since then, the department has stopped communicating with Gnazdowsky, labelling her a “hostile individual” in documents uncovered through freedom of information, as reported It is reported that Gnazdowsky’s family has started legal action against the provincial government in the case. Here was the verdict in the case: NSP, contractors guilty in drowning death 3 Aug 2024 ANDREW RANKIN ■ THE CHRONICLE HERALDThe Gnazdowsky family is shown at Nova Scotia Provincial Court in Halifax on Friday. From left, Nicole Gnazdowsky, Richel Gnazdowsky and Glen Gnazdowsky. Richel Gnazdowsky had a knot in her stomach in the weeks leading up to Friday’s verdict. Joined by her husband Glen and daughter Nicole, she walked into Nova Scotia Provincial Court in Halifax believing the right thing would be done. This fall will mark four years since her son Andrew Gnazdowsky, a 26-year-old engineer with Brunswick Engineering & Consulting Inc. of Saint John, N.B., drowned while working at Nova Scotia Power's Marshall Falls reservoir in Sheet Harbour. Both companies and another — Gemtec Consulting, Engineers and Scientists Ltd. of Fredericton — were charged with a total of 16 violations under the Occupational Health and Safety Act in connection with his death. The trial has spanned over a year. On Friday, Judge Elizabeth Buckle found the companies guilty on only five of those charges. But Richel and her family got the outcome they wanted. Each of the companies were found guilty of not having the mandatory life saving equipment on site. Gnazdowsky was not wearing a life vest. There was no rescue boat at Marshall Falls the day he drowned, after swimming out into the water to try to retrieve a piece of floating equipment that had malfunctioned. The closest boat was a 10- to 15-minute drive away. ‘EVERYONE IS RESPONSIBLE’ The Gnazdowski family appeared spent after the decision. “I’m relieved," said Richel through tears. “I’m happy to see everyone is held responsible because everyone is responsible to ensure everyone comes home safe at the end of the day.” The company Andrew worked for had been subcontracted by Gemtec to conduct underwater surveying near a dam at the Nova Scotia Power reservoir. Nova Scotia Power had been charged with five violations, including failing to ensure Brunswick employees were using life jackets, personal flotation devices or an alternative means of protection against drowning, and three counts of failing to ensure its safety plan was adequate and implemented. The company was convicted of only one charge. Brunswick Engineering faced five charges and was found guilty of three, including two counts of failing to ensure its safe work plan was adequate and implemented. Gemtec was found not guilty on all but one of six charges. The lawyers representing each company will be back in court on Aug. 30 to set a date for sentencing. The maximum penalty for each violation is $500,000. DEATH WAS PREVENTABLE Crown Prosecutor Alex Keaveny was also satisfied with Judge Buckle’s findings. “We’re happy that the court agreed that Andrew’s death was something that was preventable and ought to have been prevented,” said Keaveny. “The tragedy here is that had this equipment been on site, Andrew would have been alive today .... There are a lot of people who have been affected by the failures on that day.” Keaveny also said he hoped the decision would serve as another wakeup call for employers to have what they need on site in cases of emergency. “There was a lot of preparation but (the companies) fell short in a terrible way,” he said. DETAILS OF DECISION TO BE RELEASED LATER Judge Buckle gave a summary of her findings. Her written decision will be released later. While the judge found shortcomings with all three companies’ preparation leading up to the tragic day, she also pointed out that each took occupational health and safety seriously. “Witnesses testified to that effect,” said Buckle. “There are documents supporting that assertion. Each defendant had a relatively robust Occupational Health and Safety system and paid attention to the health and safety of their employees.” Nova Scotia Power released a statement after the verdict, saying that its thoughts “continue to be with Andrew Gnazdowsky’s family and friends. "We want to reassure our employees, contractors, and customers that safety will remain at the centre of everything we do, and every decision we make.” Those words won’t bring back Richel Gnazdowski’s son. She said he radiated such a positive energy and that he had a gift for bringing people together. His family struggles with his absence every day. “I miss everything,” she said. “I miss his laugh, I miss his calls. He was so full of life, so much joy. "It’s not the same when the three of us are together; there’s always something missing. It’s just painful." The NSEF congratulates Nicole Gnazdowsky for holding everyone, including the government and Nova Scotia Power accountable for their actions.

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