Francesco Amarillo (Amarillo) is 21 years of age and spends his summers at his parents' vacation property
Question:
Francesco Amarillo ("Amarillo") is 21 years of age and spends his summers at his parents' vacation property in Penticton on the shores of Lake Okanagan (a large freshwater lake in central British Columbia). The area is a popular tourist destination with large crowds on the beaches and main street during the summer months. It is also a popular boating area. Amarillo's parents own a 16-foot (4.9 metre) powerboat. It has a top speed of 40 kilometres an hour. The boat is 30 years old and has an annual maintenance check by a qualified boating mechanic. During the last annual check in November 2019, the mechanic reported to Amarillo's parents that the boat's navigational lights were due for replacement as they were nearing the end of their natural lifespan and it was recommended to replace them. As frugal people, Amarillo's parents declined the recommendation to replace the navigational lights, saying they almost never take the boat out at night and, if they do, they would just check that the navigational lights were working before going out at night on the water. Amarillo's parents typically use the boat every 2-3 weeks between May and September. Amarillo had no knowledge whatsoever about either the annual maintenance checks being done or that the boat mechanic's recommendation to replace the boat's navigational lights was declined. Amarillo's parents have let him operate their powerboat occasionally before - but always with them on board. They have forbidden Amarillo from taking their boat out on his own, as punishment for him repeatedly taking alcohol from their liquor cabinet. No license is required to operate a pleasure craft like Amarillo's parents' boat, but it is necessary for boat operators to finish a Transport Canada-approved boating safety course, which Amarillo completed several years ago and is still valid. On July 1, 2020, Amarillo's parents were away for the week, so he invited three friends to come over to celebrate Canada Day. After dark, Amarillo and his friends saw fireworks being sent up from the middle of Lake Okanagan. "Let's go check it out for a closer look!" said Amarillo, who had not been drinking that evening. Amarillo took his three friends down to his parent's boat, checked the fuel levels were good and insisted that everyone put on a life jacket, which they did. He then started the engine and drove the boat off towards the fireworks in the darkness. While he could see the front navigational lights on the boat (which were working), he did not notice that the rear navigational lights were not working. As Amarillo's boat neared where the fireworks were being launched, he could see they were being launched from a boat. Amarillo stopped the boat a safe distance away and turned the boat off, which turned off the front navigational lights such that the boat he was operating was completely dark. It was now midnight.
After ten minutes, the fireworks stopped and Amarillo turned the boat back on. Again, while the front navigational lights came on, unbeknownst to Amarillo, the rear navigational lights did not come on. Less than ten seconds later, Amarillo's boat was struck by a "cigarette boat" (a high speed boat) travelling around 90 kilometres an hour. The collision was catastrophic. While Amarillo somehow survived, his three friends were instantly killed by the collision as well as the driver of the "cigarette boat" who was driving alone. There is no speed limit for boats on Lake Okanagan. Pleasure craft like the boats in this situation do not use "head lights" to illuminate the water in front of them, but instead each boat is supposed to have navigational lights so that other boats can see them at night. Accordingly, Amarillo was charged under section 12 of the Safe Boating Act (see statutory provisions below). He has already pled guilty and paid a $100 fine in relation to that offence, prior to retaining legal counsel. Additionally, while federal and provincial legislation requires that all passengers on a boat have a life jacket available, it is not required that they be worn while boating. Amarillo has told his Defence Counsel that he cheated when he took the Transport Canada-approved boating safety course and didn't know there was a need for navigational lights at all. The Crown has charged Amarillo with three counts of unlawful act manslaughter (in relation to his three friends who perished) pursuant to ss. 222(5)(a) and 234 of the Criminal Code.
You are a law student working for Amarillo's Defence Counsel. Write a legal memorandum describing the essential elements of the offence, your analysis of the strength of the Crown's case, and propose a strategy for defending the accused. Assume that the facts above can be proven beyond a reasonable doubt at trial by the Crown.
Statistics For Business And Economics
ISBN: 9780132745659
8th Edition
Authors: Paul Newbold, William Carlson, Betty Thorne