R v. Escott, 2012 BCSC 1922

In Offences in a Marine Context on (Updated )

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 Summary

R v. Kerr, 2012 BCSC 1311

In Offences in a Marine Context on (Updated )

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 Summary

R. v. Atlantic Towing Ltd., 2011 NSPC 10

In Offences in a Marine Context on (Updated )

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 Summary

R. v. MacKay, 2008 NSPC 8

In Offences in a Marine Context on (Updated )

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 Summary

R. v. Bridle, 2008 BCPC 52

In Offences in a Marine Context on (Updated )

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 …

Full Summary

R. v. Cloutier, 2007 QCCQ 13533

In Offences in a Marine Context on (Updated )

This case arose out of a collision in the St. Lawrence Seaway between a freighter and a sail boat. Two of the four crew of the sailboat died as a result of the collision. The Pilot of the freighter was charged with failing to comply with the Collision Regulations. The Court extensively reviewed the evidence and ultimately dismissed the charges …

Full Summary

R v. Ulybel Enterprises Ltd., 2001 SCC 56

In Offences in a Marine Context on (Updated )

This case concerned the interpretation of the forfeiture provisions of the Fisheries Act. Specifically, the issue was whether, upon conviction for a Fisheriforfeiture of the proceeds of sale of a vessel sold under the jurisdiction of the Federal Court of Canada. The Supreme Court of Canada thoroughly reviewed the forfeiture provisions of the Fisheries Act and concluded that s. 72(1) …

Full Summary