We had a lawyer from the Department of Justice put us through the paces this week. All in all it was actually quite interesting. He mostly spoke to us about duty of care in regards to Transport Canada and public safety regarding aviation. Good stuff!(really!)
Here's something I didn't know and was a little stunned to learn about.
As a general statement ...a person walking down the street who may see another injured or in distress is not compelled to a duty of care. Meaning you have no obligation to help someone. Funny thing is, I have seen it too often already when walking downtown.
The general rule is to step over the guy passed out on the sidewalk. Assuming that he is drunk and passed out, nobody seems to stop and make sure the guy isn't dead or near dead. I had too, just for peace of mind.
Anyways, the lawyer pointed out there is no duty of care in regard to one human being to another in a non relationship(professional or family).
Apparently some states and Quebec have a duty to rescue , specifically with children involved but as far as strangers mingling amongst each other in the city...no duty of care exists.
Its a glass half full or half empty the way I look at it. Perhaps we don't need to legislate goodwill to one another it will take care of itself...I hope.
JC Masterson, Silent River Kung Fu, Alberta, Canada
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