Types of legal proceedings
What are the three different types of Legal Proceedings?
Lawsuits, Prosecutions, Inquest
What could a Statute do?
Require the lifeguard to do something or refrain from doing something, Prohibit or regulate certain patron activities or behaviours, Impose conditions of operating a facility or program
What is Duty of Care?
Everyone has a duty not to injure other people during day to day activities.
What are the specific procedures you should follow to avoid legal ramifications?
Immediately alert your supervisor, gathering and controlling information, support and assistance for staff, and accident analysis and evaluation
What is the proceeding that you would be called to with deaths at supervised aquatic facilities?
Inquest
What provisions affect lifeguards?
Federal Legislation and Provincial Legislation
What is standard of care?
What should staff do after victim care?
Identify witnesses, get statements and preserve the evidence, follow up with the staff and witnesses to obtain statements and detailed recollection of events, complete all required documentation thoroughly and accurately, and maintain a professional competent approach.
Where can this passage be found? "If found guilty, the accused is sentenced in accordance with the statute creating offence"
Prosecution
True or False
The Law states that all records must be kept
False
What are all the examples of duty of care and standard of care?
The Lifeguard, occupiers of land, duty of an expert, duty of a supervisor of children, duty of instructors, the duty of rescue, standard of care expected of rescuers, duty to subsequent rescuers, duties of event oranizers, waivers and voluntary assumptions of risk.
True or False
While Controlling the situation you should always release your opinion?
False
What proceeding must a plaintiff prove the facts alleged against the defendant?
Lawsuits
True or False
In lifeguarding, each province has different regulations, large numbers of facilities are unregulated
True
"every human being whose life is in peril has a right to assistance"
True or False
Often important data lies hidden in accumulated accident reports because no one analysed or documented the information?
True
Where can the following passage fit in? "In Quebec there is no jury, but the coroner hears from the parties involved and makes recommendations"
Inquest
What is Statute Law?
Consists of the statutes (written laws) passed by federal, provincial, and territorial legislatures
What happened in the case of Horsley v. McLaren?
The Supreme Court found that the operator's actions did not amount to negligence
In which category does it highlight preserving the evidence?
Identify risk