[QatzelOk]

Quebec man faces four years in Cuban prison after accidentally killing tourist

Toufik Benhamiche accidentally struck and killed an Ontario woman while on a boat tour 2017. His lawyer says the Cuban government is trying to avoid holding its companies liable.

MONTREAL—A well-known human rights lawyer accused the Canadian government of failing to help a Quebec man facing criminal charges in Cuba after a tragic boating accident that killed a fellow Canadian tourist.

Julius Grey said his client, Toufik Benhamiche, was driving a small boat as part of a tourist excursion in July 2017 when the boat veered out of control and fatally struck a woman from Ontario.

A Cuban court found Benhamiche guilty of criminal negligence causing death and sentenced him to four years in prison. He has appealed the conviction.
...
In a statement, Sunwing confirmed the fatal accident took place during an adventure tour offered by local partner Gaviota Tours, who subcontracted the boat portion to another company, Marlin SA.

“Once our representatives were made aware that the incident had taken place, we immediately stopped selling the tour and refunded any passengers booked on future tours pending a full investigation of the circumstances in which the incident occurred,” Sunwing wrote.

The tour was later reintroduced after the investigation, the company said.

Sunwing said the fatal accident is the only major incident on record since the tour began operating in 1997.

I have so many mixed feelings about this story. How difficult was it to operate the boat? How much liability should people assume when they operate dangerous machinery?

Obviously, in Canada, this would have been swept away as "an accident" with all the thoughts and prayers that this entails.

[One Degree]

No mention of alcohol is surprising. I am not sure how you kill someone with a small boat accidentally.
Weird stuff happens, but I suspicion neglect was probable.

[QatzelOk]

No mention of alcohol is surprising. I am not sure how you kill someone with a small boat accidentally.
Weird stuff happens, but I suspicion neglect was probable.

If he's found guilty in Cuba, do you think the Canadian government should intervene, in the name of the sanctity and benevolence of gasoline-powered recreational vehicles?

[One Degree]

If he's found guilty in Cuba, do you think the Canadian government should intervene, in the name of the sanctity and benevolence of gasoline-powered recreational vehicles?

No. If you go to another country, you should expect to be judged by them. If you don’t believe their system is fair to your citizens, then why allow them to go? This is just another example of us wanting to change the world to meet our selfish wants.
I want to go to Cuba, but I demand Cuba operate by my terms while I am there.

[QatzelOk]

No. If you go to another country, you should expect to be judged by them. If you don’t believe their system is fair to your citizens, then why allow them to go? This is just another example of us wanting to change the world to meet our selfish wants.

Yes, but in Canada, vehicle-owners have full freedom. Even if they accidentally kill someone, they usually get no more than a fine. If that.

Shouldn't the Canadian government at least take part of the credit for Canadian tourist's lack of concern for the dangerousness of motor vehicles?

[One Degree]

Yes, but in Canada, vehicle-owners have full freedom. Even if they accidentally kill someone, they usually get no more than a fine. If that.

Shouldn't the Canadian government at least take part of the credit for Canadian tourist's lack of concern for the dangerousness of motor vehicles?

No, I am responsible for my own behavior no matter if my country has ridiculous other views.

[Stormsmith]

There are laws in Canada regarding dangerous driving (provincial) up to criminal code of Canada charges of homicide by vehicle. They are applied, but here (BC) neglience charges are rarely publised. Depending on the case, negligence charges can carry a 5 year term.

As for the government "helping" out the criminal, Harper set a new low. As to whether or not Trudeau ought to bail this guy out depends on whether or not prisoner abuse is attached. Thankfully, he's in Cuban hands. Not in Gitmo's.

[Crantag]

We all know that it is a barbaric condition for people from so-called advanced nations to be arrested, much less imprisoned, in so-called underdeveloped ones.

[Godstud]

If you go to another country, and break a law, then you have to accept their punishments. If you want to avoid illegal acts, it's usually easy.

It's sad that this accident killed someone when he lost control of the boat. Accidents happen.

As for the penalty... few people serve their full prison terms, and he has appealed the ruling. We don't know if alcohol was a factor or not, and there seems to be very little information on this case. I do not think that this case requires help from Canada, as it's not an unreasonable sentence.

I am sure this is really only getting Qatzelok's attention because he's a French Canadian...

[Sivad]

Shouldn't the Canadian government at least take part of the credit for Canadian tourist's lack of concern for the dangerousness of motor vehicles?

wtf?

you're ideologically opposed to motorboats

[Godstud]

@Sivad he is against anything with a motor in it.

[Crantag]

I am sure this is really only getting Qatzelok's attention because he's a French Canadian...

That makes sense. He recently lamented the displacement in Canada of French by English. I've seen Canadian Bacon and so I think he overstates his case a little there. That old French superiority complex.

[AFAIK]

I am not sure how you kill someone with a small boat accidentally.

Boat hits swimmer.
Swimmer knocked unconscious.
Swimmer drowns.

Pretty easy to do since only a person's head is visible above the water.

Most countries have manslaughter and vehicular homicide laws so I don't see what the problem is here. His human rights are being violated because he is being held accountable for his actions?

[Suntzu]

Maybe we could just limit the size of rentals? Who really needs a frickin' van?

[Stormsmith]

Are you on the right page? Anyhow, people who drive smart cars or motorcycles who are moving house?

[QatzelOk]

We all know that it is a barbaric condition for people from so-called advanced nations to be arrested, much less imprisoned, in so-called underdeveloped ones.

Okay, let's look at this from an advanced nation point of view.

http://montrealgazette.com/news/local-n ... eath-crown

The link above is from a similar case involving a tourist killing a local boy here in Montreal. The tourist was pulling an illegal u-turn on a city park road, and this illegal move - killed an 18-year-old local cyclist. The tourist got... absolutely no punishment. You're allowed to kill people doing illegal things with your car in advanced nations.

So the guy who "accidentally" killed the swimmer in Cuba was actually of Algerian origin. He immigrates to Canada, and finds out that "advanced" nations allow machine-owners to kill the less technologically equpped with immunity. Car owners can kill cyclists, propaganda-owning nations can kill poorer nations, etc. What is he supposed to think? What has his "advanced" his country taught him? That machine sales are more important than public safety?

You can see how this kind of machine-loving negligence and cruelty can explain school shootings, car terrorism attacks, and a host of other extremely socially-harmful behaviors.

But in Cuba, society and humans come first, not machine sales. That's the lesson here.

[QatzelOk]

Advanced, rich nations often kill their own with violent machines.

Like ATVs (All terrain vehicles).



[quote-"CBC"]After a 55-year-old died in an all terrain vehicle collision north of Capreol on Saturday night, Sudbury police say officers will focus on enforcing ATV bylaws in the city.

The crash happened on Ironside Lake Road, not far from Joe-Ann Vanderligt's camp.

Word of the crash hit close to home in more ways than one: not only was it just up the street, but nine years ago her son Ken suffered a catastrophic brain injury and nearly died in an ATV crash.[/quote]

There are a lot of stories about people dying while tearing around on these noisy, nature-destroying machines. People ride them to "enjoy nature." But their enjoyment involves creating ugly and harmful ruts all over forested areas, as well as filling walking trails in nature with noise and danger.

This is the "culture" in which the Canadian tourist detained in Cuba currently lives.

Is it any wonder he doesn't think justice is being served. In Canada, we don't care about safety or the environment. We just sell machines that run on gas and go fast and talk about safety and the enivironment to "feel good."

The great "advantage" of ATVs is that you can ride them drunk, and you don't do any excercise. LIke snowmobiling. Or driving a car or motorcycle or SUV or riding mower or helicopter or speed boat or jet ski...

All make noise. All create danger. All destroy the environment both the enjoyment of it, and its health.

This demonstrates our "real" values. (or lack thereof)