P.E.I. Buddhist monks ordered to pay $100,000 for fatal tree-cutting incident

Terrence McEachern
9 Min Read
P.E.I. Buddhist monks ordered to pay $100,000 for fatal tree-cutting incident

Published Apr 28, 2025  •  Last updated 58 minutes ago  •  4 minute readThe Great Enlightenment Buddhist Institute Society (GEBIS) was ordered on April 24 in provincial court in Georgetown to pay a penalty and fines totalling $100,000 for a tree-cutting incident on its property that killed one monk and seriously injured another one. Terrence McEachernThe Great Enlightenment Buddhist Institute Society (GEBIS) has been ordered to pay a penalty and fines totalling $100,000 for a tree-cutting incident on its property that killed one monk and seriously injured another one.Prior to sentencing on April 24 in provincial court in Georgetown, GEBIS pleaded guilty to three charges under the Occupational Health and Safety Act (OHS): (1) for failing to ensure as an employer that there was an OHS program in place, (2) failing to report serious workplace injuries within 24 hours to the Occupational Health and Safety director and (3) failing to ensure that instruction, training, supervision and facilities were provided to ensure the occupational health and safety of workers. This offence involved GEBIS failing to provide adequate supervision to the chainsaw operator.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentRead More Workers Compensation Board investigating death of P.E.I. Buddhist monk P.E.I. Buddhist monk killed, another injured in tree accident in Heatherdale The chainsaw operator, Chung Hao Kao, 34, also pleaded guilty on April 24 to one charge under the OHS act for failing to take every reasonable precaution to protect the occupational health and safety for himself and others at the work site. This offence involved failing to maintain a distance of at least twice the height of the tree between himself while cutting and the nearest worker.GEBIS and Kao were represented in court by defence lawyer Derek Bondt.Statement of factsCrown attorney John Diamond read in court agreed statements of fact with respect to both offenders. Diamond said that on Thursday, Aug. 22, 2024, GEBIS was cleaning debris from post-tropical storm Fiona on its property at 2661 Heatherdale Rd. in Montague. The workers were comprised of three chainsaw operators, including Kao, and four crews totalling about 80 people.Article contentAt around 4 p.m. that day, Kao cut down a 46-foot tree that fell on four workers nearby. The workers were 20-feet away from the base of the tree and were carrying another tree that had been previously cut down. When Kao cut the tree, he had his back turned to the other monks working at the site. The monks phoned 911 and EMS and the fire department attended the scene.One of the monks struck by the tree – Yeo Cheong Pua – sustained three broken ribs, three fractured vertebrae, one compressed vertebra and a cut to his head. The other monk – Jipeng Zhang – was placed into an ambulance and suffered multiple cardiac arrests before being stabilized and taken to the Queen Elizabeth Hospital. The following day, Aug. 23, 2024, Zhang died in hospital as a result of brain trauma and other injuries.Article contentA medical station had been set up at the site. However, neither of the two people assigned to the medical station – a retired physician and a retired physician assistant – had first-aid training. The OHS act and regulations required that they have first-aid training. A medical person (also a monk) was at the scene and attended to Pua, who was carried by the monks out of the woods and to the road. Zhang remained in the woods until EMS arrived and assessed his condition.In terms of responsibilities and failures prior to the incident, Diamond explained that Kao did not participate in external chainsaw training courses. GEBIS did offer internal training for chainsaw operators. GEBIS also did not have any procedures in place for reporting serious workplace injuries to Occupational Health and Safety.Article contentAs well, GEBIS did not have provisions for an effective occupational health and safety system, which would have included safe work procedures for cutting down trees. There was also no written emergency preparedness plan in place and the crew supervisor, who had completed chainsaw training, was not in the immediate area at the time of the fatal incident.Delayed reportingGEBIS reported the fatal incident to Occupational Health and Safety (and the RCMP) six days later. Under the OHS act and regulations, it was required to do so within 24 hours. Other failures included not having anyone overseeing training requirements, not conducting risk assessments for tasks other than those performed by a supervisor, not having a formal joint occupational health and safety committee and not having a system for identifying potential hazards, including procedures for reporting and addressing hazards and maintaining records required by the OHS act.Article contentIn September 2024, GEBIS established a preparatory committee to begin addressing safety concerns and improvements. The following month, GEBIS established a joint occupational health and safety committee and guidelines were developed that align with the provisions under the OHS act, including establishing an internal responsibility system and comprehensive training and orientation programs. As well, hazard identification and risk assessment protocols, regular workplace inspections and staff training and certification, including first-aid training, were also established.At sentencing, Bondt read letters in court written by Kao and GEBIS. Kao described Zhang as “someone he looked up to” and “kind, gentle and always willing to help.” Kao and Zhang lived in rooms next to each other.Article content“I feel like I let him down and I am truly sorry,” said Kao in the letter. Kao also said that when he had his back to the other workers, he thought that they were at a safe distance. He didn’t realize some of them had moved closer.SentencingThe sentences for GEBIS and Kao were joint recommendations from Diamond and Bondt and accepted by Judge Nancy Orr. The sentence for GEBIS breaks down into fines of $5,000 for each of the three offences and $85,000 payable to the Workers Compensation Board for public education involving safe conduct and safe working conditions related to the offences. Kao was also fined $2,000 and ordered to pay $8,000 to the WCB for the same public education purposes.Terrence McEachern is a justice reporter for The Guardian in Prince Edward Island. He can be reached at tmceachern@postmedia.com.Article content

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