Lying to police

Woman freezes to death in extreme cold | Toronto & GTA | News | Toronto Sun

Woman freezes to death in extreme cold | Toronto & GTA | News | Toronto Sun

Good Samaritan Certificate

“Good Samaritan” laws in Canada

(With thanks to the National Office of the Canadian Red Cross)    prepared May 2006.

Edited by: Baroness TSivia bas Tamara v’Amberview, O.L., Ealdormere Kingdom Chirurgeon and Mentor Chirurgeon (research by Laura Jane Benoit, Student-at-Law, and Sanaz Pournasseh, Legal office, Canadian Red Cross National Office).

Assume that within Canada, where there is no legislation in place, the traditional common law rules regarding going to the aid of a person in distress and the "good Samaritan's" liability apply ("any person who went to the aid of an individual in danger could himself be sued for any negligence committed during the rescue attempt"[1]).

Newfoundland & Labrador: No legislation in place.  It is assumed that the common law rules apply.

Prince Edward Island: No legislation in place.  It is assumed that the common law rules apply.

Nova Scotia:  In Nova Scotia there is specific legislation governing the liability of volunteers who provide first aid services (volunteer first aiders).  It is the Volunteer Services Act, R.S.N.S. 1989, c. 497.  Section 3 of the legislation provides that barring gross negligence on the part of the volunteer first aider, volunteer first aiders cannot be held liable for their actions/inactions in the provision of first aid services (see appendix for specific sections of the legislation for each province and territory). Nova Scotia: Volunteer Services Act, R.S.N.S. 1989, c. 497. Where, in respect of a person who is ill, injured or unconscious as a result of an accident or other emergency, a volunteer renders services or assistance at any place, the volunteer is not liable for damages for injuries to or the death of that person alleged to have been caused by an act or omission on the part of the volunteer while rendering services or assistance, unless it is established that the injuries or death were caused by gross negligence on the part of the volunteer, and no proceeding shall be commenced against a volunteer which is not based upon his alleged gross negligence. R.S., c. 497, s. 3.

New Brunswick: No legislation in place.  It is assumed that the common law rules apply.

Quebec: Quebec is unique in Canada in imposing a duty on everyone to help a person in peril. The duty to take action stems from the Quebec Charter of Human Rights and Freedoms enacted in 1975, and the Civil Code.   As discussed earlier, I have located the article in the Quebec Civil Code that exonerates first aiders in the event of injury.  The relevant section is article 1471 of the Code.

The Charter contains a provision that imposes an obligation to render aid if it can be accomplished without serious risk to the Good Samaritan or a third person. There is still little jurisprudence interpreting these provisions. Under the Civil Code, every person is obligated to act as a bon Pere de famille, broadly defined as a reasonably prudent person. Failure to do so would amount to fault and lead to legal wrong."[2] Quebec: Quebec Charter of Human Rights and Freedoms, section 1471.1471 (English).  Where a person comes to the assistance of another person or, for an unselfish motive, disposes, free of charge, of property for the benefit of another person, he is exempt from all liability for injury that may result from it, unless the injury is due to his intentional or gross fault.

1471 (Francais).  La personne qui porte secours à autrui ou qui, dans un but désintéressé, dispose gratuitement de biens au profit d'autrui est exonérée de toute responsabilité pour le préjudice qui peut en résulter, à moins que ce préjudice ne soit dû à sa faute intentionnelle ou à sa faute lourde.

Ontario:  In Ontario, the Good Samaritan Act, 2001 (S.O. 2001, Chapter 2) governs the liability of volunteer first aiders.  It states that except in the case of gross negligence, a first aider is not liable for any damages resulting from the first aider's actions or omissions in the provision of the first aid. Ontario: Good Samaritan Act, 2001 (S.O. 2001, Chapter 2) 2.  (1)  Despite the rules of common law, a person described in subsection (2) who voluntarily and without reasonable expectation of compensation or reward provides the services described in that subsection is not liable for damages that result from the person's negligence in acting or failing to act while providing the services, unless it is established that the damages were caused by the gross negligence of the person. 2001, c. 2, s.

Manitoba: No legislation in place.  It is assumed that the common law rules apply.

Saskatchewan: In Saskatchewan, the Emergency Medical Aid Act, (R.S.S. 1978, c. E-8) governs the liability of volunteer first aiders.  It states that except in the case of gross negligence, a first aider is not liable for any damages resulting from the first aider's actions or omissions in the provision of the first aid. 2 (1). Saskatchewan: Emergency Medical Aid Act, R.S.S. 1978, c. E-8 Where, in respect of a person who is ill, injured or unconscious as a result of an accident or other emergency:

(b) a person other than a person mentioned in clause (a) voluntarily renders emergency first-aid assistance and that assistance is rendered at the immediate scene of the accident or emergency; the physician, registered nurse or other person is not liable for damages for injuries to or the death of that person alleged to have been caused by an act or omission on the part of the physician, registered nurse or other person rendering the medical services or first-aid assistance, unless it is established that the injuries or death were caused by gross negligence on his part.

Alberta: In Alberta, the Emergency Medical Aid Act, (R.S.A. 2000, c. E-7) governs the liability of volunteer first aiders.  It states that except in the case of gross negligence, a first aider is not liable for any damages resulting from the first aider's actions or omissions in the provision of the first aid. Alberta: Emergency Medical Aid Act, R.S.A. 2000, c. E-7 Protection from action

If, in respect of a person who is ill, injured or unconscious as the result of an accident or other emergency,       (b)    a person other than a person mentioned in clause (a) voluntarily renders emergency first aid assistance and that assistance is rendered at the immediate scene of the accident or emergency, the physician, registered health discipline member, registered nurse or other person is not liable for damages for injuries to or the death of that person alleged to have been caused by an act or omission on his or her part in rendering the medical services or first aid assistance, unless it is established that the injuries or death were caused by gross negligence on his or her part.

British Columbia: In British Columbia, the Good Samaritan Act, 2001 (RSBC 1996, Chapter 172) governs the liability of volunteer first aiders.  It states that except in the case of gross negligence, a first aider is not liable for any damages resulting from the first aider's actions or omissions in the provision of the first aid. British Columbia: Good Samaritan Act, [RSBC 1996] Chapter 172 No liability for emergency aid unless gross negligence. 1. A person who renders emergency medical services or aid to an ill, injured or unconscious person, at the immediate scene of an accident or emergency that has caused the illness, injury or unconsciousness, is not liable for damages for injury to or death of that person caused by the person's act or omission in rendering the medical services or aid unless that person is grossly negligent.

Exceptions:

2. Section 1 does not apply if the person rendering the medical services or aid (a) is employed expressly for that purpose, or (b) does so with a view to gain.

 

 

Yukon:  In Yukon, the Emergency Medical Aid Act, (R.S.Y. 2002, c. 70) governs the liability of volunteer first aiders.  It states that except in the case of gross negligence, a first aider is not liable for any damages resulting from the first aider's actions or omissions in the provision of the first aid.

Yukon: Emergency Medical Aid Act, R.S.Y. 2002, c. 70 If, in respect of a person who is ill, injured, or unconscious as a result of an accident or other emergency, (b) a person other than a medical practitioner voluntarily renders emergency first aid assistance, the medical practitioner or other person is not liable for damages for injuries to or the death of that person alleged to have been caused by an act or omission on the medical practitioner or other person's part in rendering the medical services or first aid assistance, unless it is established that the injuries or death were caused by gross negligence on their part. R.S., c.52, s.2.

Northwest Territories: In the Northwest Territories, the Emergency Medical Aid Act, (R.S.N.W.T. 1988, c. E-4) governs the liability of volunteer first aiders.  It states that except in the case of gross negligence, a first aider is not liable for any damages resulting from the first aider's actions or omissions in the provision of the first aid.

Northwest Territories: Emergency Medical Aid Act, R.S.N.W.T. 1988, c.

E-4 Where, in respect of a person who is ill, injured or unconscious as the result of an accident or other emergency,       (b)   a person other than a medical practitioner or a nurse voluntarily renders emergency first aid assistance, the medical practitioner, nurse or other person is not liable for damages for injuries to or the death of that person alleged to have been caused by an act or omission on the part of the medical practitioner, nurse or other person in rendering the medical services or first aid assistance, unless it is established that the injuries or death were caused by gross negligence on the part of the medical practitioner, nurse or other person.  S.N.W.T. 2003, c.15, s.75 (3).

Nunavut:  No legislation in place.  It is assumed that the common law rules apply.

 

 Appendix 1: Cited Sections of the Relevant Statutes

___________________

Identification booklets

Book # 1 Storm of Deceit