In criminal negligence manslaughter cases arising from manufacturing or construction defects, the Crown must adduce evidence of accepted industry practice or contractual obligations to establish the standard of care, and must prove beyond reasonable doubt that the alleged omissions would have prevented or detected the harm-causing event. A Crown Prosecutor's repeated use of the word 'ensure' in describing a defendant's duty of care risks inviting the jury to convict on the basis of absolute liability, which may cause a miscarriage of justice even where the trial judge gives corrective directions.
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