The defendant employer was charged under the Occupational Health and Safety Act following a fatal boat crash that killed two guests and injured an employee guide.
The Crown alleged the employer failed to maintain the boat's steering friction adjuster and failed to ensure the guide used an engine shut-off lanyard.
The court acquitted the defendant on both counts.
The court found reasonable doubt regarding whether the loose steering was caused by a lack of maintenance or operator preference.
Furthermore, the court held that the requirement to use protective devices 'as prescribed' strictly means prescribed by regulation, and no such regulation existed for lanyards in the guiding industry.
