Wainwright Marine Services and Director Bates facing eight charges on 2021 Ingenika sinking

With the anniversary of the 2021 sinking of the Tugboat Ingenika just days away, Wainwright Marine Services and Director James Geoffrey Bates have seen eight Workers Compensation Act charges filed in Prince Rupert Court related to a number of safety related areas.

The counts which were introduced on Monday, include:

Failure to ensure the health and safety of workers

Failure to maintain protective equipment, which include immersion suits and a tow abort system aboard the vessel

Failure to train and supervise workers on safety procedures,  including how to use the suits designed to improve chances of survival in an emergency

Failure to give young or new workers proper health and safety training

Failure to have a written plan for a water emergency where rescue or evacuation might be needed

Failure to hold and record annual emergency drills 

The charges fall under the Workers Compensation Act and are not criminal charges.

The maximum amount that a fine could bring is $770,000, as well as a potential 6 months in jail, the charges have not been proven in court.

Wainwright was previously fined by Transport Canada in September of 2022 with three sanctions, along with one for Bates Properties.

Update: In an RCMP information release on February 10th,  the full listing of the charges was provided, as well as to release the date of the next court appearance which is set for March 15, 2023.

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The tug sank in the waters of Gardner Canal in the early morning hours of February of 2021, the tragic marine incident claimed the lives of tug captain Troy Pearson and deckhand Charley Cragg, a third member of the crew, Zac Dolan was rescued after an extensive search by Emergency Responders and others.

Skeena-Bulkley Valley MP Taylor Bachrach made note of the charges that have been laid as part of Question Period in the House of Commons today, addressing his questions to the Minister of Transport Omar Alghabra.

“The charges announced today are an important step in achieving justice for the families of Troy Pearson and Charley Cragg. 

The government and justice system must use every tool available to hold negligent companies accountable and protect workers’ lives."

The MP  also reminded the government that the legal proceedings alone will not be enough to protect mariners who operate tugboats like the Ingenika on B.C.’s coast. 

“Holding one company accountable isn’t enough to protect mariners who work up and down the BC coast. For years, workers have been calling for stronger federal regulations, for mandatory inspections and for proper enforcement. 

Two years passed. Two workers dead. And this Minister hasn’t changed a single safety measure. Why?” 

A memorial event is scheduled for February 10th in Prince Rupert to mark the second anniversary of the sinking of the Ingenika. 

Details towards that event have yet to be shared publicly to this point.

Background on the incident can be explored from our archive page