Darrell Greer
Northern News Services

Rankin Inlet (Sep 30/02) - Another chapter is being written on the tragic sinking of the Avataq.

The vessel went down in gale force winds off the cost of Arviat on Aug. 25, 2000, claiming the lives of its skipper, Louis Pilakapsi, and three crewmen, Sandy Sateana, David Kadjuk and Larry Ussak.

The surviving family members of the three crewman have filed a statement of claim against the estate of Pilakapsi and a number of co-defendants.

Included in the claim are the Northern Transportation Company Ltd., Avataq Enterprises Ltd., the commissioner of Nunavut, the Government of Nunavut, the minister responsible for the Civil Emergency Measures Act, the Hudson Bay Port Company (Omnitrax Port Authority), Fisheries and Oceans Canada, Transport Canada Marine Safety and the attorney general of Canada.

The claim also seeks damages against the companies that purchased and arranged transport for cargo on-board the Avataq, and had responsibility for the Port of Churchill.

The families also claim the three individuals who took the Avataq's distress calls did not inform the appropriate authorities to ensure a timely search-and-rescue operation.

The plaintiffs are represented by the Yellowknife firm of Phillips and Wright.

The claim states that the Avataq was not certified to operate as a cargo vessel, was poorly equipped and its crew lacked the formal marine qualifications or proper training necessary for its safe operation.

It further contends that the necessary steps were never taken by authorities to ensure the vessel's proper inspection and certification.

Nor, it continues, were any taken to ensure the Avataq was seaworthy, and loaded properly and safely.

Attorney Adrian C. Wright said he could not add anything further to what is contained in the statement of claim.

"Basically, we filed the statement of claim to preserve the limitation period and that's where things stand," said Wright.

The lawyer refused to comment on how long he has been in consultation with the family members, as well as what amount of compensation they're seeking.

He did, however, say he did not expect a statement of defence to be filed.

"There are various things going on which I really can't discuss," said Wright.