Hamilton native Sahab Jamshidi, 34, is scheduled to stand trial today in St. Lucia.
He is charged in the death of a 4-year old boy, who drowned in February 2015.
Jamshidi is accused of gross negligence or recklessness causing death.
The prosecution says Jamshidi carried the boy into the sea on a surfboard and caused his death.
But he says the boy was struggling in the water and tried to save him.
He has been awaiting trial in St. Lucia since the February 2015 incident.