Tuesday, September 27, 2022

52,000 dollar fine for Wainwright Marine on Ingenika incident has Skeena-Bulkley Valley MP calling for stricter regulations

The Gardner Canal south of Kitimat marks the final resting spot for the
MV Ingenika, a marine incident claimed two lives in February 2021
Today Transport Canada announced the fine assessed to Prince Rupert
based Wainwright Marine

The evolution of events that led up to the sinking of the tugboat Ingenika in February of 2021 has brought a 52,000 dollar fine to tugboat Operator Wainwright Marine, an amount just 8,000 dollars below the maximum allowed that has left Skeena-Bulkley Valley MP Taylor Bachrach and the families of those who perished calling for tougher regulations to provide more protection for marine workers.

The Northwest MP provided the details of the Transport Canada report and actions today through an information release that expressed his thoughts for the families of Troy Pearson and Charley Cragg. 

The two mariners who died as a result of the 2021 sinking in Gardner Canal, a third crew member Zac Dolan was later rescued by emergency responders.

 “My thoughts today are with Troy and Charley’s families, and with all the men and women who work on tugboats up and down our coast. While the investigation clearly showed the company acted recklessly, a fine alone won’t create safer conditions for workers. They need strong, consistently enforced federal regulations and they needed them yesterday.” -- Skeena-Bulkley Valley MP Taylor Bachrach

Troy Pearson and Charley Cragg died as a result of the sinkin
of MV Ingenkia in the waters of the Gardner Canal in 
February of 2021
(photo courtesy Taylor Bachrach Social Media Feed)

Transport Canada's information release today notes of three areas of sanction for Wainwright Marine and one sanction for Bates Properties Limited: 

Failing to ensure that the vessel is staffed with a crew that is sufficient and competent for the safe operation of the vessel on its intended voyage. 

Failing to ensure that the person who is employed on board a Canadian vessel for which a certificate is required holds the certificate for that position and certificate comply with its term and condition. 

Jeopardizing the safety of a vessel or of persons on board.

click to enlarge

The Skeena Bulkley Valley MP's statement (which you can review here) also noted of the the areas where the legislation governing commercial vessels needs to be improved, with statements from the families of the two mariners who died also speaking to the need for improved safety and how their fight for Justice is not over.

“Transport Canada's investigation and the resulting penalties are a clear indicator of the injustice committed against my son and his skipper. These penalties are only the start. Ultimately, we need to see change within Canada's marine shipping industry, specifically related to the tugs and crews working tirelessly up and down B.C.’s coastal waters. 

I will not stop, nor will I rest until I see a new safety culture in place as part of Charley's legacy. He died as a result of this systemic injustice. He paid the ultimate price with his life, and it is now time for change,”--  Genevieve Cragg, the mother of Charley Cragg

 “I'm glad Transport Canada determined Wainwright Marine was negligent in its operations but I’m very disappointed the maximum fine for such negligence is only $60,000. How will companies ever learn if they get a slap on the hand?

Our fight for justice isn't over. We will continue to promote that more changes be made. Ultimately, fines of such a low value need to be increased to at least $250,000. If not, companies won't feel the brunt and will continue to be negligent." --  Judy Carlick Pearson, the wife of Troy Pearson

Ms. Carlick-Pearson has kept the issue at the forefront of the discussion often since the events of one year ago, holding vigils in Prince Rupert and raising awareness for stricter marine regulations for the industry.

The vessel remains at the bottom of the canal, yet to be raised despite calls from many for the investigators to bring the vessel to the surface.

Mr. Bachrach has vowed to continue to raise the issue in the House of Commons and in the range of Committees that address safety issues on Parliament Hill.

The Transportation Safety Board of Canada has been conducting an investigation into the incident, but has yet to release the findings of that investigation.

Our archive of notes from the incident can be reviewed here, we will update the listings as more items become available following todays announcement.

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