The father of a mariner who died when a longliner sank off Newfoundland's northeast coast two years ago is taking the federal government to court.

Justin Ralph, 21, was one of four seamen who died when the longliner Melina and Keith II went down off Bonavista.

The Melina and Keith II sank off Bonavista on Sept. 12, 2005.
(CBC)

Wednesday marks the second anniversary of the marine disaster, which raised serious questions about the search-and-rescue effort launched that day.

Earlier this week, Albert Ralph filed a statement of claim against the Attorney General of Canada in Newfoundland Supreme Court. Ralph alleges negligence on the part of several federal government departments and agencies, including the Canadian Coast Guard, search and rescue and the departments of fisheries and national defence.

"It wasn't necessary for [Justin Ralph] to die," said David Bussey, Albert Ralph's lawyer.

"He actually was hanging on to the bottom of the vessel for a couple of hours and should have been rescued, but he wasn't."

Four members of the eight-member crew — including skipper Shawn Ralph, Justin Ralph's brother and the owner of the longliner — survived the ordeal.

The lawsuit claims Justin Ralph would have been saved if the Coast Guard had used available technology to pinpoint the vessel's location and send a rescue helicopter sooner.

It took about 80 minutes for a helicopter to be called.

By that time, a helicopter crew that had been on standby had gone home, which meant more time was lost bringing them back in.

The Coast Guard has already admitted it made mistakes that night and has taken steps to change things.

A dollar figure is not named in the claim, but Bussey said his client's objectives extend well beyond compensation.
 
"Of course, my client is also interested in making sure that this type of thing doesn't happen again," Bussey said.

Albert Ralph is not commenting on the lawsuit.

The Coast Guard is not commenting on the claim while it is before the courts. A statement of defence has not yet been filed.

Canadian Shipping Act charges

Meanwhile, Shawn Ralph is being prosecuted for eight charges laid under the Canada Shipping Act. The charges include failing to ensure that certified crew members were watching the bridge and that they were properly trained to use the life-saving equipment. His trial is expected to resume in January.

Bussey, who is also representing Shawn Ralph at trial, has said the charges deflect attention from how federal authorities responded to the emergency.

The Transportation Safety Board expects to release its investigation into the Melina and Keith II case within a few weeks.