Grand Forks resident Karl Lilgert’s appeal has been turned down by the B.C. Court of Appeals. Lilgert was convicted in 2013 of criminal negligence causing death in the sinking of the Queen of the North and was sentenced to four years in prison.
In March 2006, Lilgert was in charge of the ferry vessel when it struck an island on the northern coast of B.C. near Prince Rupert and sank, killing two passengers, Gerald Foisy and Shirley Rosette.
Lilgert’s lawyer, Glen Orris, argued during the appeal that the trial judge made numerous errors in her instructions to the jury, particularly when she explained the offence of criminal negligence and how Lilgert’s explanation should have factored into their deliberations.
Lilgert had been out on bail living in Grand Forks but is now in prison in Abbotsford awaiting classification.
“He’s now doing his time—that’s the consequence of the decision of the court of appeal,” Orris told the Gazette in an interview on Dec. 17. “I intend to file a leave application to appeal the Supreme Court of Canada.”
Orris said he was surprised by both verdicts in the case.
“I believe that this is a very complicated area of the law and I don’t believe the trial judge or the court of appeals has got it right yet. That’s why I’m intending to file a leave application to appeal the Supreme Court of Canada.”