This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).
In May 1993, a helicopter pilot and three passengers observed the ship Katrina Leslie in the Gulf of St. Lawrence, leaving a trail of shiny substance in its wake. The ship was reported, and when a pollution prevention officer inspected the ship five days later, the officer found considerable oil on the floor of the ship’s engine room. The Katrina Leslie was charged under the Canada Shipping Act with having unlawfully discharged a pollutant into the Gulf of St. Lawrence, and was convicted in the Provincial Court.
The Katrina Leslie appealed the conviction in the New Brunswick Court of Queen’s Bench, where it argued, among other things, that the Trial Judge’s decision had been based on inexpert evidence. After reviewing the record, the Court held that the Trial Judge had not erred in his factual findings, and had not erred in his identification and application of the relevant law. The Court therefore dismissed the appeal.