Owners of tugboat face workplace safety charges after fatal sinking

Two workers died when vessel sank while towing mining supplies

Owners of tugboat face workplace safety charges after fatal sinking

Wainwright Marine Services and James Geoffrey Bates, the president of parent company Bates Properties Ltd. have each been charged in connection with the deaths of two workers who were on a tugboat that sank in the waters off Kitimat, British Columbia two years ago.

On February 10, 2021 the tugboat Ingenika was towing a barge full of mining supplies and equipment when it sank in the cold turbulent waters of the Gardner Canal.

Charley Cragg and Troy Pearson died in the incident. 

Court records show the owners of the tugboat have been formally charged with eight counts of violating BC’s occupational health and safety act.

Pearson’s widow, Judy Carlick-Pearson tells CBC News it would be a victory to see convictions, but she would rather see criminal negligence charges laid.

"We feel that it was criminal, as do a lot of other people, to have pushed those guys to go out in the waters that day," says Carlick-Pearson.

The owners could face a maximum fine of $777,601.27 and a possible jail term of up to six months for a first conviction.

Transport Canada fined Wainwright Marine Services $52,000 last fall after determining the company failed to ensure the vessel was staffed with a sufficient and competent crew, didn’t make sure the employees were certified, and jeopardized the safety of the vessel and those on board. Bates Properties was fined $10,000 for failing to ensure the vessel met regulatory requirements.

"Will that make us feel any better?" Carlick-Pearson asked. "You know, it may for a little while, but at the end of the day, we don't have our loved ones coming home to us."

Back in November 2021, another worker with Wainwright Marine Services claimed he was injured while working on a tugboat.

Taylor Bachrach is the federal member of parliament for Skeena-Bulkley Valley, and she issued a statement welcoming the charges saying it is “an important step in achieving justice for the families.”

Bachrach is also calling for more to be done to protect mariners working in BC waters. "The government and justice system must use every tool available to hold negligent companies accountable and protect workers' lives."