The Peterborough Examiner

Quebec man facing prison time in Cuba after boating accident

- MORGAN LOWRIE The Canadian Press

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.

Grey said he has filed a written notice to the Canadian government, asking it to take action to protect its citizen. In a phone interview, Grey said Ottawa has offered no help to his client and has been “completely cavalier about it.”

While Canada doesn’t generally interfere in matters involving foreign courts, Grey says in this case the Cuban government is in a conflict of interest due to the state-run nature of the country’s economy.

“It’s not just a foreign tribunal, it’s a tribunal that’s in a conflict of interest, because what they’re trying to do is relieve a Cuban company from a potentiall­y high liability,” he said Wednesday.

Global Affairs Canada said it is providing consular assistance to a Canadian in Cuba but provided no further details.

Grey says he also intends to launch legal action against Canadian tourism company Sunwing, whose Cuban partner organized the tour. He alleges Benhamiche was given very little direction on how to pilot the boat when he was offered the chance to rent it.

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