YELLOWKNIFE - A Yellowknife-based mining exploration company accused of negligence in the death of one of its employees says it is not to blame for the man's death.

A mining explorer working for Aurora Geosciences was mauled to death last year by a grizzly bear like this near Ross River, 198 kilometres northeast of Whitehorse. The Yukon Workers Compensation Board says the worker was not properly trained by Aurora. - photo courtesy of Department of Environment and Natural Resources

The president of Aurora Geosciences, Gary Vivian, said the employee, 28-year-old Jean-Francois Page, knew the risks going in and was properly trained before undertaking the trek that ultimately took his life.

Page was staking mining claims in the bush near Ross River, Yukon, in April 2006 when he was attacked by a sow grizzly bear defending her two cubs.

"We are sorry that J.F. was killed," said Vivian. "But it's the nature of the business we're in. It was an act of God - a one in a million thing. The conservation officers who investigated the matter said the same thing."

Aurora Geosciences provides all of its workers with proper training on how to protect themselves from bears and Page was no exception, said Vivian.

But Vivian said Page opted not to follow one guideline that is stressed during bear safety lessons.

"He chose not to take bear spray with him," said Vivian. "It was his choice not to take it."

All Aurora Geosciences employees are strongly encouraged to take bear spray with them when venturing into the bush, said Vivian.

Theoretically, provided the explorer can reach the spray during an attack, the explorer shoots the pepper spray at the bear's head, burning its skin.

But Page never had the chance. His knapsack did not contain the spray, said Vivian.

"We didn't know he didn't have the spray with him before he went out," added Vivian.

"The likeliest scenario is that he was walking on a line over a bear den. He never even knew it was there. The bear came out and he was only 13 metres away."

The Department of Justice filed the charge of negligence following a recommendation from the Yukon Workers Compensation Board.

The Yukon WCB spokesperson, Mark Hill, said the charges arose out of an investigation by an occupational health and safety officer. Hill could not provide any further details, as the case is scheduled to go to court on June 5.

Al Doherty, a veteran Yukon geologist, said the charges against Aurora Geosciences are "unfair, because it's such a unique incident. This is a bear attack, is what it is."

Doherty said that, according to the statistics kept by the Association for Mineral Exploration British Columbia, Page's encounter is one of only two incidents in the last 22 years in the Yukon that have involved persons in the exploration sector.

Page actually took a course taught by Doherty in 2005 that covered bear safety, said Doherty. The course encouraged its students to take bear spray with them.

"We all take safety quite seriously. Everyone in the industry knows of the possibility of bears and knows to take the appropriate gear."

But Page might have fallen prey to a common belief among explorers, said Doherty.

"That time of year, the shoulder season between winter and summer, most people working in the bush would assume that not having bear spray would not be an issue. Normally, the bears would not be around. They hibernate at this time."

While Doherty thinks it's important for explorers to have the spray on them, there's no guarantee it will work.

"Even if he had had bear spray, I don't know if it would have helped," he said.

"If there was another guy with Page, there probably would have been two fatalities. That sow's first priority was to protect her cubs."