A court case related to an October 2018 workplace death in the sea urchin harvesting industry came to a conclusion last week at the Prince Rupert courthouse.
The Honourable Judge David Patterson providing for the judgment for Eric Joseph Blackburn, who was the master of the vessel Diver City, a sea urchin harvesting vessel.
The case in Provincial Criminal Court reviewed the events of October 16th 2018 when 26 year old Andrew Connor Brown, an occupational Scuba diver who was employed by the vessel Diver City drowned one meter below the surface in Hecate Strait approximately 200 kilometres south of Prince Rupert.
Mr. Brown, was working as part of a three-person crew that included Michael McGee another sea urchin harvester and the master of Diver City, the defendant Eric Joseph Blackburn.
A numbered company 678531 BC Ltd. owned Diver City.
Michael Harvey Juergen Steinmann was a director of 678531 BC Ltd.
It was Mr. McGee who discovered the then unconscious Mr. Brown entangled in kelp, that 90 minutes after Mr. Brown had gone into the ocean.
It was Mr. McGee who brought him to the surface and aboard the Diver City where both he and Mr. Blackburn began to administer CPR but were unable to resuscitate the diver.
The court transcript outlines the steps that followed to attempt to revive Mr. Brown and then to bring him back to Prince Rupert.
At 11:08 hours, Mr. Blackburn called a “mayday” into the Coast Guard. Mr. Blackburn reported Connor's drowning and the location. A Coast Guard vessel arrived.
Coast Guard members tried performing CPR and transferred Connor to their ship. Paramedics, arriving later by helicopter, pronounced Connor dead at 13:42 hours.
Mr. McGee and Mr. Blackburn provided the RCMP with the coordinates of the location of Connor's SCUBA equipment that remained underwater.
The Coast Guard transported Connor's body and personal effects to Prince Rupert.
As part of the judgement last week, Judge Patterson noted that Mr. Blackburn has accepted responsibility and apologized to Mr. Brown's family.
Mr. Blackburn had previously entered guilty pleas in May of 2022 to two counts related to Occupational health and safety regulations:
Failing to ensure the health and safety of workers under his direct supervision as per the Workers Compensation Act
Failing to ensure the divers maintained physical or visual contact with each other a per the act's occupational health and safety regulation.
The judgment issued on February 21st set out the terms for fines and community service that the decision provides towards the punishment for Mr. Blacburn
Following the case authorities provided to the Court, I have determined a unique sentence for Mr. Blackburn that addresses all the purposes and principles of sentencing required in cases of public welfare offences.
In doing so, I have considered the submissions of the prosecutor and defence counsel at great length.
I have also considered Mr. Blackburn’s age, life expectancy, employment prospects and the reality that a Conditional Sentence Order, which would have been a worthwhile sentencing option in the present case, is not available.
Mr. Blackburn’s sentence will include a fine equivalent to 6.145 times his annual income, which should act as a significant deterrence to others.
His sentence will also include a significant number of community work service hours, so that he can give something back to his community.
Concerning count 2, there will be a fine of $12,500, the mandatory victim surcharge levy, and two years of probation. I will come to the terms of the probation shortly. The time to pay the fine will be July 31, 2042; however, Mr. Blackburn shall be required to make a minimum payment of at least $203.40 each year. The time to pay the victim surcharge levy in full will be December 31, 2030.
Concerning count 5, there will be a fine of $12,500, the mandatory victim surcharge levy, and two years of probation (concurrent with the probation on count 2). I will come to the terms of the probation shortly.
The time to pay the fine will be July 31, 2042; however, Mr. Blackburn shall be required to make a minimum payment of at least $203.40 each year. The time to pay the victim surcharge levy in full will be December 31, 2030.
Towards the community service element of the sentence, Judge Patterson noted the following:
One hundred (100) community work service hours at the direction of and to the approval of your probation supervisor. Your community work service hours must be completed by July 31, 2024.
6.
Any hours spent attending counselling under this probation order will result in a one-for-one reduction in your community work service hours.
The full judgement
which you can review here, provides extensive detail towards the day in question that saw Mr. Brown die while harvesting sea urchins.
As well the transcript of the judgment explores elements of the industry that most of those reading most likely have never given much thought towards and highlights areas of safety themes that are required for the industry.
