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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

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Identification booklets

Book # 1 Storm of Deceit

Statistics

Book # 2 Deceit Within the Storm

My Angel's Corner

MAMA'S GURL

Prescription Drugs

Teens and older boyfriends

Teenagers change when they reach puberty. Only thing is, we the parents, closest to them; can't even reach them. Unless you have a cell phone; you don't even get to talk to them; they use a language of their own through texting or sexting.

Look at your son or daughter today. They roll their eyes; just as we did when we were their age.Especially when it comes to rules and chores. Maye this site may have some answers for you.

Once our young child starts associating with different people in school or out of school; life and attitudes begin to change. They cannot wait to finish school and get a job so they don't have to live by rules.

Soon the drinking experience begins, when older boyfriends have access to purchasing

She was only 16...slide

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I have witnessed with my own eyes; I have acted in the same way; I have ignored my child's unknowing plea. The signs were there; I just didn't see them or chose to ignore. I was alone learning to parent a teenager; as my two older daughter's went through these maturing issues with mostly their Father, who had been raising them. Maybe telling you the story of how my daughter died will help you better understand; how this has not only happened to my 16 year old daughter; it has happened to many young girls that travel alongside much older crowd who understands their need for mature minds. Girls at teen age years; are the most defying, gullible,untrusting,controlling,boy hungry, seekers of a hot guy on this planet.

Kyla did what most of us did at one time or another in life. I do not Judge her or condem her for her actions. She met a boy much more she style, but I scared him off with my questions. Just the thought that she could have a boyfriend at 14 excited her to no end; but first I had to meet and greet them.Since there had only been Kyla and I since her birth; we were extremely close. We lived in a small Memonite community away from all the gangs and dangerous outcomes by living in the city. While we lived in Kitchener Kyla was sexually molested by a 14 year old brother of her friend. She was 7 years old.

News Articles

By Jeff Mitchell

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Sep 29, 2005 - 12:00 AM

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Family's anger boils over as sentence delayed

Guilty plea in dumping of teen's body

OSHAWA -- A grieving family's anger and frustration boiled over Wednesday, when a man accused of dumping Kyla Holburn's lifeless body in a Whitby laneway appeared in court. While he has pleaded guilty to a single count of committing an indignity to a human body, 21-year-old Shane Vincent remains free. His lawyer, John Olver, asked for an adjournment until next month, at which time the Oshawa man will likely be sentenced. Mr. Vincent is the third man to plead guilty in connection with the discovery of 16-year-old Kyla's body near a Whitby apartment building on the night of Jan. 3. No one has been charged with causing the Oshawa girl's death. As they have on a number of occasions, Ms. Holburn's immediate family and a number of supporters attended court in Oshawa Wednesday morning, hoping for the judicial process to come to a conclusion with Mr. Vincent's sentencing. Kyla's Holburn's mother, Sarah, was visibly angry when she learned yet another adjournment was to be granted in the case. "I just feel it's totally unfair," a tearful Ms. Holburn said outside the courtroom. "It's very tiring. I can't focus on my own life. "I'm obsessed with what's happened to her," said Ms. Holburn, leaning on daughters Amanda and Alyssa for support outside the King Street East courthouse. "It's not right, what happened to her." It was an emotional outpouring for a woman who has been careful to avoid making public comments as the cases against Mr. Vincent and two other men -- Charles Ells and Michael Boden -- proceeded through the courts. Mr. Ells and Mr. Boden have pleaded guilty and were sentenced to six and nine months, respectively. Inside the courtroom, Crown counsel Ken Polley noted the ordeal undergone by Kyla's family as he grudgingly agreed to the adjournment. "The Crown is most anxious to proceed with this matter, as is the family of Ms. Holburn," he told Ontario Court Justice David Stone. "It's been quite a traumatic time for them." Mr. Olver said his client needs more time to deal with medical issues. Mr. Vincent, who sat slumped in a chair at the front of the courtroom, offered mostly monosyllabic answers as the judge asked him if he was entering his plea voluntarily, and understood the ramifications of his actions. "Yeah, I just want to get it over with," he told the judge. "I just want to plead -- plead guilty." Court has already heard that Kyla Holburn died after taking the powerful painkiller fentanyl sometime Jan. 2 or 3. Her body was discovered in the gathering darkness Jan. 3, lying on the pavement near a dumpster on Nichol Avenue in Whitby. A melee ensued outside the courthouse as news photographers and reporters, who waited more than a half hour for Mr. Vincent to emerge, closed in on him. Bent at the waist, he covered his face and rushed through the crowd, swearing at photographers who pursued him as he leapt into the back seat of a waiting car. He flashed a photographer an obscene hand gesture before the Sunfire sped off, its driver's side door yawning open as it made a sharp turn onto King Street. "Pay for it!" an observer yelled as Mr. Vincent dashed through the crowd of reporters. He is scheduled to return to court Oct. 17

My Vision

We have reasons for attaining certainities, hoping to conquer, what seems to be our fate.  Whatever reasons, bestowed upon us; through the misfortune of losing a child to tragedy; we find more and more need for things, we didn't know, we would need. My vision, in the beginning of grief was to start a foundation that could be there for  lower income families, for emergency financial aid. I accomplished what I set out to do and it sits there, waiting for supporters to give, in times of need. Support a Soul Survivor Foundation Inc. non-profit charity # 1797933 was formed in June 2008.

In my second stage of grief, I went through the urge and need to tell my daughter's story. Faithfully I wrote a journal of the happenings during our hearings and the truth of what happened to my daughter and why her death had not been sentenced properly and handled very poorly. The vision of seeing 2 of my books sitting on shelves waiting to be read. My first book (1) Storm of Deceit, Suspicious death of Kyla Holburn. (2) Deceit within the Storm' A Mother's Never-Ending Journey, are both made available in English and French.

My third vision came to me when I was unable to get support or help from the Durham Regional Police or Homicide Squad. It was as though they wanted to taunt me, not wanting to even look at evidence I had discovered. Their suggestion was to get victims of crime together in a big group, so we could make complaints. My vision increased, knowing, I was determined enough to travel Canada; whether by myself or with help; preferred.

Welcome to M.A.M.A.'S & PAPA'S 2

 

Once I have blogging figured out; I'll be capable of devulging updated information on where I'm at, with my goals.
I really did think by this date, I would have been on my way to finding some peace with Justice being served. But I am not! The law doesn't seem to want to let me; taking it's time, in making a dicision as to whether a home owner should or should not be liable for coverage in the Tort Law for their Negligence.
 

                  8  MONTHS: 

What the law did do, is make a hasty decision against 4 men who were involved with my daughter Kyla Holburn- Doiron's death. Lets figure this out. Kyla went missing on Sunday, January 2, 2005. Her dumped body was discovered lying in her blood, face down and in a supine position at approximately 6:30 pm on Sunday January 3, 2005.  Her badly bruised and tramatized body showed signs of abusive acts; but because of unfounded rumors that she used drugs, she was Stereo-typed and by September 28, 2005 a decision had been made against 3 men. Each received 6 months with double time served for a charge of " Indignity to a Dead body."

 

             Justice David Stone 

                    Now here's a judge that belongs in a civil courtroom; here's a judge that made the perpetrator feel better about his actions than that of myself (Mother) and her 2 sisters. Here's a judge that told a 21 year old man that his actions against his 16 year old girlfriend were sick and heinous to our community; but this case was not about who killed Kyla Holburn. This judge told our family that the boyfriend had done the right thing by leaving her where she could be found; instead of leaving her body in a ditch where she would not be found until the snow thawed and her body be decomposed by weather. To leave Kyla next to a garbage dumpster on a cold freezing January night; seemed to be just fine by him.

We, Kyla's family, should be grateful that they had not chopped her body into pieces, as the case referred to in Crown Vs. Leblanc.