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Narrative This web page describes events involving a Canadian built ship transformed from an abandoned and dilapidated ship to an unseaworthy ship designed to carry passengers. The frightening scenario involving the transformation shows Transport Canada and RCMP West Coast Marine Detachment sanctioning naval architecture methods conducive with dangerous conditions endangering the seaworthiness of the ship contrary to Section 78.1 of the Canadian Criminal Code. The images that follow do not require the expertise of a naval architect to understand the overall unsafe condition of the ship they represent obvious construction methods not available from the Annals of Naval Architecture. The images indicate methods of ship construction originating from extreme ignorance yet three Canadian officials allowed the ship to sail into the open waters of the Pacific Ocean bound for the USA. Three and half years later the ship remains under detention by USCG authorities.
On July 30, 2002, while docked at Allied shipyard located in North Vancouver, BC, the owners of the ex-Gulf Ivy, O.N. 170259, IMO Ship I.D. No. 5180520, received a detention order from officials of Transport Canada under section 310 (1) of the Canadian Shipping Act. Mr. Shon Nickel and his wife Ms. Lee Keevil, both US citizens, co-owned the ex-Gulf Ivy since January 24, 2000, when it was removed from Canadian Registry. From the date of purchase to ship detention, Mr. Shon Nickel, modified his ship from its original design as a deep-sea tug to a passenger ship to carry paying passengers. Mr. Nickel’s modifications met no rules, endangering the safe navigation of the ship. According to the Canadian Criminal Code section 78.1 endangering the safety of a ship or fixed platform is a crime. Unfortunately, the idea of unsafe did not enter the incompetent heads of three individuals in-charge of detaining the ship in 2002, namely, RCMP Sgt. Mark G. Peers from the West Coast Marine detachment and two incompetents, Brain Kenefick together with his subordinate Colin Currivan from Transport Canada, Ship Safety Branch, Vancouver, BC. Because the issues involving Transport Canada’s detention are before the Supreme Court of British Columbia, some details are presently withheld pending resolution. “There is no doubt that marine safety is dysfunctional right now for sure basically what you got is a whole bunch of regional directors that don’t take any direction from Ottawa plus you don’t have any body in Ottawa that is giving any direction. They are having their problems in marine safety they have problems with enforcement they have problems with standards and they have problems with personnel. I don’t think it is as simple as one person being incompetent it’s a problem with the whole organization and I will be very honest after one trip to the heart institute in the back of an ambulance, five years in marine safety was enough for me. I had a heart attack in February 2002, and I took an opportunity that was presented in May of 2002. And I am not surprised there has been a number of things particular in the west coast that have not made a lot of sense, the analogy that I heard used was the inmates are in charge of the asylum out there”. Mr. Bud Streeter, Director General, Marine Safety Mr. Bud Streeter merits Captain Duarte's praise for saying the obvious. Further, Mr. Streeter is known for being the only Transport Canada official that worked towards correcting and updating Transport Canada, Ship Safety Branch. His failure indicates a lack of interest from politicians, civil servants, judicial system and Canadian public to prevent LOSS OF LIFE AT SEA, an issue dating back several decades reflected by the high number of casualties within Canadian waters. From the date of detention to ship’s departure bound for the deep waters of the Pacific Ocean, sometime in November 2002, the above-mentioned Canadian officials watched Mr. Shon Nickel continue to modify and add equipment to an unseaworthy ship. At the end of the four months, July 2002 to November 2002, they allowed the ship to depart in a worse condition than before the detention. To date, Transport Canada, RCMP and the Attorney General of British Columbia failed to provide an explanation for this criminal activity. The only reply regarding Mr. Shon’s ship came from Mr. Stan T. Lowe, Office of the Attorney General, Communication Counsel, Criminal Justice Branch, in a statement given to Capt. E. G. da Costa Duarte on December 1, 2006 regarding IMO conventions signed by Canada. “….a signatory to that agreement is not the (Canadian) justice system the justice system is not bound by that agreement (IMO Conventions)”. Mr. Stan T. Lowe, Office of the Attorney General of BC Firstly, it is strongly recommended that the Attorney General of British Columbia, Judge Wally Opal, educate his subordinates on IMO conventions dealing with SAFETY OF LIFE AT SEA and the enforcement of such. The following is an excerpt from IMO regarding enforcement of IMO convention by signatory State Flags: “The enforcement of IMO conventions depends upon the Governments of Member Parties Contracting Governments enforce the provisions of IMO conventions as far as their own ships are concerned and also set the penalties for infringements, where these are applicable. They may also have certain limited powers in respect of the ships of other Governments. In some conventions, certificates are required to be carried on board ship to show that they have been inspected and have met the required standards. These certificates are normally accepted as proof by authorities from other States that the vessel concerned has reached the required standard, but in some cases further action can be taken. The 1974 SOLAS Convention, for example, states that "the officer carrying out the control shall take such steps as will ensure that the ship shall not sail until it can proceed to sea without danger to the passengers or the crew". This can be done if "there are clear grounds for believing that the condition of the ship and its equipment does not correspond substantially with the particulars of that certificate". An inspection of this nature would, of course, take place within the jurisdiction of the port State. But when an offence occurs in international waters the responsibility for imposing a penalty rests with the flag State. Should an offence occur within the jurisdiction of another State, however, that State can either cause proceedings to be taken in accordance with its own law or give details of the offence to the flag State so that the latter can take appropriate action. Under the terms of the 1969 Convention Relating to Intervention on the High Seas, Contracting States are empowered to act against ships of other countries which have been involved in an accident or have been damaged on the high seas if there is a grave risk of oil pollution occurring as a result. The way in which these powers may be used are very carefully defined, and in most conventions the flag State is primarily responsible for enforcing conventions as far as its own ships and their personnel are concerned. The Organization itself has no powers to enforce conventions (Canada being a signatory member)". Secondly, it is strongly recommended that the Attorney General of British Columbia, Judge Wally Opal, educate his subordinates with issues involving the Canadian Criminal Code section 78.1 endangering the safety of a ship or fixed platform. On March 16, 2006, the Supreme Court of British Columbia granted a Judicial Review of the facts involving the activities of the above-mentioned individuals, initiated by Captain E. G. da Costa Duarte private prosecution against RCMP Sgt. Mark G. Peers formerly serving the RCMP West Coast Marine Detachment, Nanaimo, BC. Members of the public believing these issues don’t involve them are living with their heads buried in sand. The BC Ferries vessel M/V Queen of the North sank March 22, 2006, exemplifying, once again, the backwardness of Transport Canada allowing a One Compartment passenger ferry to navigate the open waters of the Pacific Ocean. A ship with a Gross Tonnage of 8,806, built in 1969, with a Car Capacity of 115 and able to carry 700 passengers, designed to serve the Northern European market when IMO rules and regulations sanctioned a One Compartment ship to carry passengers.
Excerpt from International Convention for the Safety of Life at Sea (SOLAS), 1974
"The November 1995 amendments (Conference), Adopted: 29 November 1995 Entry into force: 1 July 1997 The conference adopted a series of amendments to SOLAS, based on proposals put forward by the Panel of Experts on the safety of roll on-roll off passenger ships which was established in December 1994 following the sinking of the ferry Estonia. The most important changes relate to the stability of ro-ro passenger ships in Chapter II-1. The SOLAS 90 damage stability standard, which had applied to all ro-ro passenger ships built since 1990, was extended to existing ships in accordance with an agreed phase-in programme. Ships that only meet 85% of the standard had to comply fully by 1 October 1998 and those meeting 97.5% or above, by 1 October 2005. (The SOLAS 90 standard refers to the damage stability standard in the 1988 (October) amendments to SOLAS adopted 28 October 1988 and entering into force on 29 April 1990.) The conference also adopted a new regulation 8-2, containing special requirements for ro-ro passenger ships carrying 400 passengers or more. This is intended to phase out ships built to a one-compartment standard and ensure that they can survive without capsizing with two main compartments flooded following damage". Summarizing standards applied to the marine industry in Canada, reflects a developed country using third world attitudes and standards. This is an indication of a leadership emerging from a populous aloft of reality. Returning to events involving the ex-Canadian tug M/V Gulf Ivy, currently named El Conquistador, a stateless vessel detained in US waters. A series of images follow, released by US Homeland Security, USCG, for purposes of criminal court evidence, depicting the unseaworthy condition of the ex-Gulf Ivy before departing to the United States waters. While the M/V Gulf Ivy sailed the West Coast waters of Canada under Canadian flag a series of events occurred authorized by several Transport Canada officials, namely shifting the load line markings to a lesser freeboard, issuing certificates under a ship's name not inscribed on the official registry certificate and issuing an International Load Line Certificate under a name not inscribed on the official registry. This same information is reflected by Equasis: http://www.equasis.org/. The name Swiftsure X sailed under an International Load Line Certificate when its name did not exist on the Canadian Registry. A copy of the official Transcript of Registry obtained by Capt. E. G. da Costa Duarte clearly shows the name Gulf Ivy and never Swiftsure X. Additional evidence is available from Transport Canada and presently under review by Captain Duarte, given the constraints of the Supreme Court rules of British Columbia this evidence is presently not available to the public. Members of the public can apply to Freedom of Information to review BC and Canadian Government files: http://canada.justice.gc.ca/en/ps/atip/provte.html
Below, begins a series of images released from US Homeland Security showing the internal condition of the ex-Gulf Ivy before its departure to US waters. Exhibit A4, shows the ex-Gulf Ivy undergoing modifications to its superstructure and removal of internal structure while in Queensborough, New Westminster, BC. The image clearly shows the low freeboard of the vessel passing its maximum water line.
Before departing to US waters the owners of the ex-Gulf Ivy, Mr. Shon Nickel and Lee Keevil registered their vessel El Conquistador with Panama as a pleasure vessel. The image below puzzles both Captain Duarte and USCG authorities where the stern markings of the vessel shows Margarita Island, Venezuela as the port of registry. Obviously, this raises the question: did Transport Canada, Mr. Kenefick, Mr. Currivan and RCMP Sgt. Mark G. Peers ever visited the vessel before and after detaining it on July 30, 2002? Not all USCG exhibits are displayed as per the above exhibit reference. This Web Page is only a small indication of ship safety issues facing Canadians. Below a reference list is provided indicating other issues.
Fresh paint applied to the main deck of the vessel El Conquistador does not hide the numerous soft spots on deck plate and welded doublers along its inner edge.
The next two images, exhibit USCG E04 and E06 depict the dangerous aspect of the forward collision bulkhead, the bulkhead is severely corroded, perforated and warped. The warping aspect of the bulkhead show the severity of damage to the vessel's hull structure. Concrete ballast placed inside the forward ballast tanks imposed significant stress to the collision bulkhead. The question remains, did Transport Canada inspectors, Brian Kenefick and Colin Currivan actually inspect the vessel or are they grossly incompetent in the performance of their duties?
Aspects of incompetence are plenty when one considers the involvement of Transport Canada, Marine Safety Branch, Vancouver, BC. The following two images show additional aspects of the vessel's condition before departing Canada. Exhibit USCG E11 shows partial deck removal and USCG E10 shows double bottom tank top completely corroded, perforated and ballast tanks full of concrete. The Longitudinal Strength of the vessel was severely affected by internal deck removal yet this was not enough to stop the vessel from sailing it actually sailed with its forward tank top perforated showing metal plate consisting of powdered rust supported by concrete inside ballast tanks.
An interesting issue relating to Brain Kenefick's career as marine surveyor employed by Transport Canada in a manager position requires a second look at the Federal Court CaseLaw: REWATI RAMAN UPADHYAYA V. ATTORNEY GENERAL OF CANADA The "Lantau Peak" lawsuit: The "Lantau Peak" Lawsuit, 2004 The following quote reflects numerous conversations with members of the West Coast Marine Industry, the name is withheld because the content of the quote is often heard: "Everything with Transport Canada......The bullshit that goes on for generations and generations and nothing ever gets solved, you think that your case (Private Prosecution against RCMP Sgt. Peers) is going to stir up something, they (Transport Canada) put everything to sleep. They will put your case to sleep too". Name withheld
Note: This Web Page will update regularly. Members of the Marine Industry are welcome to contribute comments. How many future generations will support Transport Canada's Bullshit?
ÓCopyright 2006 Captain E. G. da Costa Duarte, all rights reserved.
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