R. v. White
2021 PESC 35
Prince Edward Island Supreme Court, September 10, 2021
Facts: The accused was charged with two counts of criminal negligence causing death, along with the lesser included offence of dangerous operation of a vessel causing death, arising from a collision between two commercial lobster fishing vessels off Prince Edward Island. The accused, master of the Forever Chasin' Tail, was travelling on autopilot toward the entrance of Murray Harbour in favourable weather and visibility conditions. While underway, he spent much of his time in the wheelhouse completing vessel logbooks and only periodically looked up to observe surrounding traffic. No dedicated lookout had been posted. After travelling for approximately 15 to 20 minutes, the Forever Chasin' Tail struck the Joel '98, which was engaged in hauling lobster traps. The collision caused the Joel '98 to sink and resulted in the deaths of two deckhands.
Decision: The accused was found not guilty of criminal negligence causing death but guilty of the lesser included offence of dangerous operation of a vessel causing death.
Held: The Court held that criminal negligence causing death requires proof that the accused's conduct represented a marked and substantial departure from the standard expected of a reasonable vessel operator and demonstrated a wanton or reckless disregard for the lives or safety of others. Although the accused failed to maintain an effective lookout and allowed his attention to be diverted by administrative tasks while the vessel was underway, the evidence did not establish the elevated degree of fault required for criminal negligence. The Court noted that the accused continued to make periodic observations outside the wheelhouse, which, while inadequate, meant he had not completely abandoned his responsibility to monitor nearby vessel traffic. However, by focusing on logbook entries rather than maintaining proper situational awareness, the accused operated the vessel in a manner that constituted a marked departure from the standard expected of a prudent mariner. As a result, the Court entered convictions for dangerous operation of a vessel causing death.