Charges dismissed against Ontario Power Generation in Calabogie deaths

A judge dismissed charges against Ontario Power Generationon Tuesdayin the deaths of a child and his mother who were swept over a cliff when a torrent of water was released from a provincial dam in 2002.

But two ofthe Crown corporation'semployees will still be tried for criminal negligence causing death. Initially, the company and the two employees were each charged with two counts of criminal negligence causing death.

The dam is located on the Madawaska River near Calabogie Lake, about 100 kilometres west of Ottawa.

Justice Paul Belanger of the Ontario Court of Justiceruled Tuesday that there was insufficient evidence to continue with the prosecution against theCrown corporationin the deaths of32-year-old Cynthia Marie Cadieuxand her seven-year-old son, Aaron. The two victims were from Renfrew, Ont.

Two Ontario Power Generation employees senior dam manager John Tammadge and dam operator Robert Bednarek also sought a dismissal, but Belanger ruled thattheir trials will continue. If found guilty, they could face life in prison.

The two victims died after a rarely used spillway was opened at the Barrett Chute hydro dam on June 23, 2002.

At the time,about 20 people were sunbathingonthe rocks below or swimming nearby. The mother and sonwere swept by a wall of water over a 10-metre cliff. An autopsy found the they died of drowning.

Several other people received minor injuries.

The Crown has argued that Ontario Power Generation and its employees were negligentby notwarning the public that they planned to release the water even though the area was a popular place to enjoy the river.

Other witnesseshave testified in court that the deregulation of the electricity systemmade maximum production of power a higher priority than water conservation, and that change in priorities led to the water being released from the dam unexpectedly.