Précis: The accused was found guilty of criminal negligence
Full SummaryR v. Lilgert, 2014 BCCA 493
Précis: The British Columbia Court of Appeal upheld the conviction of the Fourth Officer of the “Queen of the North” on two counts of criminal negligence causing death and leave to appeal to the Supreme Court of Canada was denied.
Full SummaryR v. Cowan, 2014 BCPC 334
Précis: A small vessel operator was found guilty of careless operation of a vessel for transiting a narrow pass on the wrong side and creating a close quarters situation with a large passenger ferry.
Full SummaryR. v. Lilgert, 2013 BCSC 1329
Précis: The fourth officer of the passenger ferry “Queen of the North”, which struck Gill Island and sank on 22 March 2006, was sentenced to four years imprisonment for criminal negligence causing death.
Full SummaryR. v. Ralph, 2011 NLTD 10, 2013 NLCA 1
Précis: Convictions for various offences under the Canada Shipping Act against the master of a vessel that rolled over and sank were mostly upheld.
Full SummaryR v. Escott, 2012 BCSC 1922
The accused was charged with dangerous operation of a vessel causing death. The charge arose out of a collision between a vessel being operated by the accused and another vessel. A passenger in the accused’s vessel died as a result. The collision occurred at night in total darkness. The accused’s vessel was displaying no navigation or running lights. The accused’s …
Full SummaryR v. Kerr, 2012 BCSC 1311
The accused was charged with dangerous operation of a vessel causing death and two counts of dangerous operation of a vessel causing bodily harm. The charges stem from an incident on 1 August 2008 when a vessel he was driving collided with an island at night. At the time the vessel was proceeding at a rate of speed of approximately …
Full SummaryR. v. Atlantic Towing Ltd., 2011 NSPC 10
The defendant was charged under s. 118 of the Canada Shipping Act with having taken actions “that might jeopardize the safety of a vessel or of persons on board”. The charges stemmed from a sinking of one of the defendant’s vessel in adverse weather. All crew members were saved. At the time of the sinking the vessel did not have …
Full SummaryR. v. MacKay, 2008 NSPC 8
The accused was the owner and operator of a pleasure craft that collided with a buoy in Halifax Harbour. A passenger was killed in the collision. With respect to the test for criminal negligence, the Court said “if his operation of the vessel was a marked and substantial departure from the standard of the reasonable operator in circumstances where he …
Full SummaryR. v. Bridle, 2008 BCPC 52
This case arose out of a collision at night between two pleasure craft, one of which was at anchor. At the time of the collision the anchored vessel was not displaying the all-round white light required by the Collision Regulations. The accused was the owner/operator of the anchored vessel. The accused said that he only learned the anchor light was …
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