Alberta Forestry and Parks charged under OHS Act over 2024 death of man battling Jasper wildfire

Two years after a man died while fighting a wildfire in Jasper National Park, workplace safety charges have been laid against Alberta’s Ministry of Forestry and Parks in connection with his death.

Morgan Kitchen, 24, of Calgary was fatally struck by a tree on Aug. 3, 2024, while working as a wildland firefighter after the Jasper townsite went up in flames. 

Charges laid against the ministry — Kitchen’s employer — revolve around a string of alleged workplace safety violations under Alberta’s Occupational Health and Safety (OHS) Act. 

The six charges, laid on July 29, allege the Alberta government failed to ensure the safety of workers by not adequately assessing and controlling hazards at the worksite and also failing to adequately train workers.

OHS also alleged the province failed to take reasonable steps to prevent harm, like cutting down hazardous trees or establishing a no-work zone.

James Gault is a vice-president of the Alberta Union of Provincial Employees (AUPE), which represents wildland firefighters like Kitchen. He said the AUPE is glad OHS is pursuing charges against the province. 

“Our members are in dangerous situations,” he told CBC News on Tuesday.

WATCH | Kitchen, 24, dies after being fatally struck by tree:

What we know about the death of a 24-year-old firefighter near Jasper

The CBC’s Alicia Asquith has more on the death of a firefighter who was killed by a falling tree near Jasper, Alta., fighting the fire that has plagued the area for days.

Gault said he believes Kitchen’s death highlights the impact workplace deaths can have on a community, noting the incident left his colleagues shaken.

“What we have to remember first is Morgan Kitchen was a person, right? He’s not a statistic,” said Gault. 

“It’s a reminder that our members face risk every day that they go to work.”

In a statement to CBC News on Tuesday, Arthur Green, press secretary for the Ministry of Public Safety and Emergency Services, said the province is aware charges have been laid against Alberta Forestry and Parks.

Alberta’s government will not comment further on the allegations or legal proceedings as the matter is now before the courts, Green said.

“Our thoughts remain with our Alberta Wildfire colleague’s family, friends and co-workers,” he said. “Safety is our highest priority. We remain committed to providing a safe workplace for our staff.”

In 2024, the Jasper Wildfire Complex Unified Command, composed of members of Parks Canada and the Municipality of Jasper, issued a statement that said Kitchen’s crew administered first aid before Jasper National Park and Alberta Wildfire employees used a wheeled stretcher to bring him to a nearby helipad.

From there, Kitchen was flown to the Parks Canada operations compound in Jasper, where a STARS Air Ambulance helicopter was waiting. He was pronounced dead shortly after.

The 2024 wildfire destroyed 358 structures in the Jasper townsite — about one-third of its total buildings.