Update on the MV Marathassa
You’ll recall that in November, 2018 the British Columbia Provincial
Court decided that the MV "Marathassa" was not guilty of charges
under section 125(1) of the Canadian Environmental Protection Act (CEPA), which prohibits the
unauthorized disposal of a substance at sea (see my previous post here: http://www.canadianmaritimelaw.com/2018/11/only-deliberate-disposal-is-offence.html).
In that case, the court concluded that CEPA provision did not apply because the spill in question, an accidental leak of some 2700 litres of fuel oil into Vancouver's English Bay, was not alleged by the Crown to be intentional - i.e. CEPA does not apply to accidental discharges - only intentional ones - and evidence must be led accordingly. Lawyers for the Marathassa essentially (and successfully) argued that the proper legislative regime which relates to allegations of the accidental release of oil into the sea is the Canada Shipping Act, particularly s. 187, which states that: s. 187. No pe…
In that case, the court concluded that CEPA provision did not apply because the spill in question, an accidental leak of some 2700 litres of fuel oil into Vancouver's English Bay, was not alleged by the Crown to be intentional - i.e. CEPA does not apply to accidental discharges - only intentional ones - and evidence must be led accordingly. Lawyers for the Marathassa essentially (and successfully) argued that the proper legislative regime which relates to allegations of the accidental release of oil into the sea is the Canada Shipping Act, particularly s. 187, which states that: s. 187. No pe…
