CANADA Family Sues Coast Guard Fisheries and Oceans of Canada for $2.7 Million

The relatives  of three dead Quebec sealers and the pair of lone survivors of a boat that capsized during a towing operation are suing the Canadian Coast Guard and Fisheries and Oceans Canada for $2.7 million.

According to  The Canadian Press, four hunters from Iles-de-la-Madeleine, Quebec, were killed when the L’Acadien II sank in March 2008 off Cape Breton as the rudderless ship was being towed through the thick ice by a coast guard vessel.  The captain and three fellow sealers drowned when their 12-metre-long trawler capsized after it slammed into thick ice.  The boat flipped and water rushed into the cabin of the overturned vessel, where most of the men had retired to their bunks to get some rest.  Two other sealers survived after being rescued from frigid waters.  

Nineteen people,  including the two survivors of the tragedy and 17 relatives of the victims, allege the coast guard was negligent and didn’t do enough to ensure the safety of the L’Acadien II crew.   The plaintiffs are also asking that the case be heard in Gaspe, the closest judicial district to the remote archipelago where the families and survivors still reside.

The $2.7-million  lawsuit, filed in Federal Court in early November, alleges a number of errors were made by the Canadian Coast Guard the night the Sir William Alexander was dispatched to assist the sealing boat. The suit alleges that communication lapses resulted in delays in the icebreaker getting to the L’Acadien II. The suit also alleges the coast guard did not follow procedure by allowing the doomed crew to stay aboard the vessel.

“Despite the  fact an agent with the Joint Rescue Coordination Centre (JRCC) told the captain of the (Sir) William Alexander that the crew should be removed, this possibility was never discussed between the captain of L’Acadien II and the officer of the Sir William Alexander,” the statement of claim reads.

“While the  safety and the lives of the crew (of the L’Acadien II) were threatened, the officers aboard the Sir William Alexander decided the priority was to focus on the administrative procedure of getting a liability waiver instead of insuring the security of the L’Acadien II’s crew.”

The suit  also alleges that lookouts who were supervising the tow were on a radio frequency unknown to the L’Acadien II and that no communication link was established with the disabled ship.  In addition, it’s alleged the lookouts didn’t move quickly enough in alerting the bridge and severing the line when the boat swerved and flipped. Finally, the suit alleges the coast guard made arrangements in English only, while the L’Acadien II crew spoke only French, and that it took search and rescue divers took too long to get to the scene.  (workersxzcompxzkit)

A number of reports have recommended the coast guard adopt changes to procedures and protocol when it comes to towing small vessels through ice.

Author Robert Elliott  can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.

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