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 …

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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 …

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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 …

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R v. Glenshiel Towing Co. Ltd., 2001 BCCA 417

In Pollution (Ship Source) on (Updated )

On December 16, 1997, the tug “Glenshiel” was found heeled over and submerged at her mooring in False Creek, Vancouver. As a result of the sinking a considerable amount of diesel fuel escaped from the vessel into the water and the owner was charged pursuant to s. 668 of the Canada Shipping Act with discharging a pollutant. At trial, the …

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