Firm News

Bernard LLP successfully defends the M/V Marathassa

March 22nd, 2019

Peter Swanson and David Jones of Bernard LLP along with Mark Rowan of Hira Rowan were completely successful in defending the M/V Marathassa in relation to a variety of charges arising out of the discharge of fuel oil from the ship into English Bay in the Port of Vancouver in early April 2015.   While some of the charges were stayed during the course of a directed verdict application following the Crown’s case, a directed verdict of not guilty was entered for one charge under the Canadian Environmental Protection Act, 1999: see R. v. MV Marathassa, 2018 BCPC 237 (CanLII).

As to the remaining charges under the Canada Shipping Act, 2001 and the Migratory Birds Convention Act, 1994, the M/V Marathassa raised a number of defences including the defence of due diligence.  The trial judge ultimately concluded that two of the remaining charges were not proven beyond a reasonable doubt and, in any event, the M/V Marathassa established the defence of due diligence.  As such the M/V Marathassa was acquitted of all charges: see R. v. MV Marathassa, 2019 BCPC 13 (CanLII),

The decisions are final, as no appeal is being pursued by the Crown.

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