The Advocate - Informing Marine Engineers about legal matters

The Advocate

Informing Marine Engineers about legal matters

Authored by: Darren Williams, Williams & Company

Brought to you by www.dieselduck.net, comments to webmaster@dieselduck.net

Darren Williams is a Barrister and Solicitor (Lawyer) specializing in Admiralty Law, which has jurisdiction over most maritime matters. Darren has worked extensively on the water as well as in the courtroom. He is based out of Victoria, British Columbia, Canada, practicing at the Law Firm of "Williams & Company".

On this webpage, he brings us timely and relevant articles on the legal aspects of being a Marine Engineer in today's world. Although the articles have a predominately Canadian flavour, we are sure you will find his legal point of view enlightening where ever you ship sails. Darren has also published other legal articles on general admiralty law, view them all at the Williams & Company website. You can reach Darren for questions or comments by email, or phone at 1 866 765 7777, in case of emergency try 250 888 0002.

The information contained in the written material herein is not legal advice and should not be relied on as legal advice. It is for information purposes only. If you require legal advice you should consult a lawyer.

Date Title and Synopsis

August 2008 Sinking Ships Loosen Lips: Privilege and the Right to Counsel in Marine Accidents
Be it a sinking, a collision, a catastrophic machinery failure, a personal injury or death aboard a ship, or an oil spill, a mariner is well advised to understand the nature of their responsibility to cooperate with marine investigations... (read more)

July 2008 Criminal Negligence
It is commonly thought that criminal charges only arise where a person intends to commit the criminal act. Television shows often depict people being acquitted of a criminal charge, such as theft or assault... (read more)

April 2008 Violation Tickets for Engineers?
The Canada Shipping Act 2001 ("CSA 2001"), which came into force on July 1, 2007, replaced the former Canada Shipping Act and brought with it many important changes to the law. One important change was the implementation of the Administrative Monetary Penalty (AMP)... (read more)

Jan 2008 Without Prejudice
It is a common misconception that marking a letter, email, or other correspondence with the expression "without prejudice", makes the person using that expression immune from the content of what is written. (read more)

Dec 2007 Administrative Monetary Penalties (AMP) in Canada - Part 2
In last month's "Advocate" we discussed the new "AMP" (Administrative Monetary Penalty) system currently being brought into effect under the Canada Shipping Act 2001 ("CSA 2001"). I described how the AMP system was intended to encourage compliance... (read more)

Nov 2007 Administrative Monetary Penalties (AMP) in Canada - Part 1
This month's "Advocate" will focus on the implementation of AMPS (Administrative Monetary Penalties), a system of ticketing and fines akin to motor vehicle traffic tickets that legislators hope will make enforcement of the CSA 2001 and regulations more effective... (read more)

August 2007 Wage Claimants Proceed Against Asset Outside of Bankruptcy, Trumping Previously Registered Mortgage
The interplay between bankruptcy and maritime law continues to surprise bankruptcy lawyers to the pleasure of their counterparts in admiralty. In Nanaimo Harbour Link Corporation v. Abakhan & Associates (Trustees) Inc. ... (read more)

June 2007 Unsafe Working Conditions: Rights and Responsibilities of Workers and Employers
Since the earliest example of a person trading their labour for reward in an adventure at sea, the question has arisen: "is this work more dangerous than it needs to be?". (read more)

May 2007 Notice to Mariners: Beware The Hazards of E-Mail
In my practice as a marine lawyer I have seen more than few mariners sink themselves as a result of the hazardous use of electronic mail, or "e-mail". (read more)

April 2007 Principles of Contract Law for Mariners
Obligations to Perform & Fundamental Breach; costly consequences can flow from incorrectly assuming that another person's failure to abide by a contract relieves you of your obligations under the same agreement. (read more)

Feb. 2007 Employment Law Primer for Mariners - Severance and Damages for Wrongful Dismissal
In last month's "Advocate" we outlined the law regarding a maritime lien for a seaman's wages and discussed why the powerful remedy of such a lien, ... (read more)

Jan. 2007 Seaman's Wage Claims, and Maritime Liens: Introduction to the Principles
The remedies available to seamen when their wages go unpaid are unlike those remedies available to any worker in any other industry - they are truly extraordinary. It is wise for every mariner to have a basic understanding of what a maritime lien for wages is... (read more)

July 2006 Changes to Transport Canada Policy: Anti-depressants & Crew Medical Certificates
When in 1914 Ernest Shackleton published his renown advertisement for crew to man his transatlantic expedition to Antarctica, he clearly considered, as a prudent master would, the psychological pressures that would beset his crew. (read more)

Dec. 2005 “Electrolysis” and Impressed Current Corrosion as an insured “Peril of the Sea”
If your vessel has ever been damaged by “electrolysis” and you have claimed on your hull and machinery insurance, chances are you have been denied insurance ... (read more)

July 2005 “Get Off My Boat” – Vessel Searches and a Mariners Right to Privacy
A reader recently asked me to describe her right to deny an enforcement officer access to her vessel. The request highlights a common misconception that a mariner has the right to stop an enforcement officer from boarding their vessel without a search warrant. (read more)

May 2005 Of Seagulls and Bilge Water: A Primer on Bill C-15
Despite its harmless sounding name, “An Act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999”, the new federal law proposed under Bill C-15... (read more)

April 2005 Buying & Selling Marine Merchandise – Part II
Caveat Emptor: The Rule of “Buyer Beware” Prevails
The rule of “buyer beware”, or caveat emptor, remains good law in Canada and mariners are wise to understand its principles. (read more)

March 2005 Buying & Selling Marine Merchandise – Part I
Death of the Implied Warranty of Fitness
The purchase and sale of marine merchandise gives rise to a significant portion of my work as a marine lawyer. Claims by purchasers, and defences for vendors, ... (read more)

Feb. 2005 When being Impaired on a Moored Vessel becomes a Criminal Offence
I recently went to trial for a towboat skipper who had been charged with being in “care and control” of his vessel while “impaired”, contrary to section 253(a) of the Canada Criminal Code. (read more)

Jan. 2005 Myths of the Repairers Lien Act
Mariners, and businesses in the marine industry, should know that their rights and liabilities under the BC Repairers Liens are not what they once were, nor what they may assume. (read more)

Dec. 2004 Workplace Safety and the Law
Recent amendments to the Criminal Code establish a specific legal duty for employers to take steps towards a safe workplace, including on the water. Failure to do so may result in charges of criminal negligence. (read more)

May 2004 The Mariner’s Rights in Salvage: A Primer for the Non-Professional Salvor
This article is intended to outline of the rights and responsibilities of mariners who undertake “pure” salvage, that is, salvage work done without a salvage contract. (read more)

March 2004 A Primer on Regulatory Offences: Absolute and Strict Liability
The majority of legal liabilities a mariner may face in the course of their nautical career will be “regulatory offences”. Regulatory offences include ‘crimes’ like oil pollution, unlicensed fishing, maintaining an unsafe work place... (read more)

June 2003 Confined Spaces – Keeping a Clear Head
In January of 2002, eight crewmembers were killed by an explosion while spray painting the inside of an upper ballast tank of their Hong Kong registered bulk carrier. Five bodies were found, while three were presumed to have been vaporized. (read more)

About Darren Williams, BSc. LLb.

Darren Williams is a Barrister and Solicitor (Lawyer) with Williams & Company in Victoria B.C. Mr. Williams was raised on Vancouver Island in a second generation commercial fishing family and started working on vessels as an adolescent. Mr. Williams spent over 1000 days at sea along all portions of the B.C. coast between 1985 and 1997. In 1990 he graduated from Brentwood College and attended the University of Victoria, where he completed a Bachelor of Science with Honours in Psychology in 1996, and a Bachelor of Laws in 2000.

Mr. Williams worked as an associate at a Vancouver admiralty law firm and worked for marine underwriters including Lloyds of London. In his third year of call as a marine lawyer, Mr. Williams opened Williams and Company in Victoria, where he focused his practice on marine law and personal injury. In September of 2008, Mr. Williams is in his eight year of practice as a marine lawyer, and is one of two marine lawyers situated on Vancouver Island.

Mr. Williams has appeared before:

Provincial, Supreme and Appeal Courts of British Columbia

Federal Trial and . Appeal Courts Labour Relations and Employment Standards Board

Workers Compensation Review and Appeal Board

National Energy Board

Mr. Williams has been invited to speak and has presented on marine issues to:

Canadian Institute of Marine Engineers

Transport Canada, Marine Safety

Canadian General Standards Board

The Canadian Institute

CBC television and radio news shows as a specialist in marine law

Mutual Marine Insurance Company

Deep Sea Trawlers Association

Mr. Williams publishes monthly in the area of marine law and has to his credit over 50 works in publications including:

Canadian Transportation Law Reporter

Mariner Life

Resource People

Fisherman Life

Pacific Yachting

Northern Aquaculture

Lawyers Weekly

Interested in other admiralty related websites ?

US based Holland & Knight has a some articles available online

Brought to you by www.dieselduck.net, comments to webmaster@dieselduck.net

Date		Title and Synopsis
August 2008		Sinking Ships Loosen Lips: Privilege and the Right to Counsel in Marine Accidents Be it a sinking, a collision, a catastrophic machinery failure, a personal injury or death aboard a ship, or an oil spill, a mariner is well advised to understand the nature of their responsibility to cooperate with marine investigations... (read more)
July 2008		Criminal Negligence It is commonly thought that criminal charges only arise where a person intends to commit the criminal act. Television shows often depict people being acquitted of a criminal charge, such as theft or assault... (read more)
April 2008		Violation Tickets for Engineers? The Canada Shipping Act 2001 ("CSA 2001"), which came into force on July 1, 2007, replaced the former Canada Shipping Act and brought with it many important changes to the law. One important change was the implementation of the Administrative Monetary Penalty (AMP)... (read more)
Jan 2008		Without Prejudice It is a common misconception that marking a letter, email, or other correspondence with the expression "without prejudice", makes the person using that expression immune from the content of what is written. (read more)
Dec 2007		Administrative Monetary Penalties (AMP) in Canada - Part 2 In last month's "Advocate" we discussed the new "AMP" (Administrative Monetary Penalty) system currently being brought into effect under the Canada Shipping Act 2001 ("CSA 2001"). I described how the AMP system was intended to encourage compliance... (read more)
Nov 2007		Administrative Monetary Penalties (AMP) in Canada - Part 1 This month's "Advocate" will focus on the implementation of AMPS (Administrative Monetary Penalties), a system of ticketing and fines akin to motor vehicle traffic tickets that legislators hope will make enforcement of the CSA 2001 and regulations more effective... (read more)
August 2007		Wage Claimants Proceed Against Asset Outside of Bankruptcy, Trumping Previously Registered Mortgage The interplay between bankruptcy and maritime law continues to surprise bankruptcy lawyers to the pleasure of their counterparts in admiralty. In Nanaimo Harbour Link Corporation v. Abakhan & Associates (Trustees) Inc. ... (read more)
June 2007		Unsafe Working Conditions: Rights and Responsibilities of Workers and Employers Since the earliest example of a person trading their labour for reward in an adventure at sea, the question has arisen: "is this work more dangerous than it needs to be?". (read more)
May 2007		Notice to Mariners: Beware The Hazards of E-Mail In my practice as a marine lawyer I have seen more than few mariners sink themselves as a result of the hazardous use of electronic mail, or "e-mail". (read more)
April 2007		Principles of Contract Law for Mariners Obligations to Perform & Fundamental Breach; costly consequences can flow from incorrectly assuming that another person's failure to abide by a contract relieves you of your obligations under the same agreement. (read more)
Feb. 2007		Employment Law Primer for Mariners - Severance and Damages for Wrongful Dismissal In last month's "Advocate" we outlined the law regarding a maritime lien for a seaman's wages and discussed why the powerful remedy of such a lien, ... (read more)
Jan. 2007		Seaman's Wage Claims, and Maritime Liens: Introduction to the Principles The remedies available to seamen when their wages go unpaid are unlike those remedies available to any worker in any other industry - they are truly extraordinary. It is wise for every mariner to have a basic understanding of what a maritime lien for wages is... (read more)
July 2006		Changes to Transport Canada Policy: Anti-depressants & Crew Medical Certificates When in 1914 Ernest Shackleton published his renown advertisement for crew to man his transatlantic expedition to Antarctica, he clearly considered, as a prudent master would, the psychological pressures that would beset his crew. (read more)
Dec. 2005		“Electrolysis” and Impressed Current Corrosion as an insured “Peril of the Sea” If your vessel has ever been damaged by “electrolysis” and you have claimed on your hull and machinery insurance, chances are you have been denied insurance ... (read more)
July 2005		“Get Off My Boat” – Vessel Searches and a Mariners Right to Privacy A reader recently asked me to describe her right to deny an enforcement officer access to her vessel. The request highlights a common misconception that a mariner has the right to stop an enforcement officer from boarding their vessel without a search warrant. (read more)
May 2005		Of Seagulls and Bilge Water: A Primer on Bill C-15 Despite its harmless sounding name, “An Act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999”, the new federal law proposed under Bill C-15... (read more)
April 2005		Buying & Selling Marine Merchandise – Part II Caveat Emptor: The Rule of “Buyer Beware” Prevails The rule of “buyer beware”, or caveat emptor, remains good law in Canada and mariners are wise to understand its principles. (read more)
March 2005		Buying & Selling Marine Merchandise – Part I Death of the Implied Warranty of Fitness The purchase and sale of marine merchandise gives rise to a significant portion of my work as a marine lawyer. Claims by purchasers, and defences for vendors, ... (read more)
Feb. 2005		When being Impaired on a Moored Vessel becomes a Criminal Offence I recently went to trial for a towboat skipper who had been charged with being in “care and control” of his vessel while “impaired”, contrary to section 253(a) of the Canada Criminal Code. (read more)
Jan. 2005		Myths of the Repairers Lien Act Mariners, and businesses in the marine industry, should know that their rights and liabilities under the BC Repairers Liens are not what they once were, nor what they may assume. (read more)
Dec. 2004		Workplace Safety and the Law Recent amendments to the Criminal Code establish a specific legal duty for employers to take steps towards a safe workplace, including on the water. Failure to do so may result in charges of criminal negligence. (read more)
May 2004		The Mariner’s Rights in Salvage: A Primer for the Non-Professional Salvor This article is intended to outline of the rights and responsibilities of mariners who undertake “pure” salvage, that is, salvage work done without a salvage contract. (read more)
March 2004		A Primer on Regulatory Offences: Absolute and Strict Liability The majority of legal liabilities a mariner may face in the course of their nautical career will be “regulatory offences”. Regulatory offences include ‘crimes’ like oil pollution, unlicensed fishing, maintaining an unsafe work place... (read more)
June 2003		Confined Spaces – Keeping a Clear Head In January of 2002, eight crewmembers were killed by an explosion while spray painting the inside of an upper ballast tank of their Hong Kong registered bulk carrier. Five bodies were found, while three were presumed to have been vaporized. (read more)