LIABILITY FOR DAMAGE TO UNDERWATER CABLE UNDER CANADIAN MARITIME LAW BY JEAN-MARIE FONTAINE
C
anada has a coastline that encompasses three oceans as well one of the longest and busiest lake and river system in the Great Lakes and Saint-Lawrence seaway. This coastline and internal waterways are crisscrossed by underwater telecommunication cables crucial to the transfer of data from one part of the country to another, while at the same time being used by thousands of ships every year, including fishing vessels, container ships, bulk cargo carriers and passenger ships. Acci-
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dents involving vessels and underwater cables are therefore almost inevitable and Canadian Courts have had to consider the liability of vessel owners and operators for damages to underwater cables caused by the vessel’s anchor or fishing equipment. This article proposes to explore the liability of vessel owners and operators for damage to underwater cables, the responsibility of cable operators to protect against such damage and finally, the availability of limitations of liability
to ship owners and operators under Canadian Law.
LIABILITY OF MARINERS
Canadian Courts have not been very forgiving of vessel owners and operators, whether they be large and sophisticated commercial cargo ships or smaller fishing vessels, in circumstances where they damage underwater communication cables. A recent decision of the Supreme