BC SARS calling it quits

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ghostguy6

Joined
Aug 30, 2006
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Be extra careful if your doing anything outside in BC, you may no longer be able to call in search and rescue anymore:mad:

160_cp_golden_090227.jpg


The ski area markers line the ski run looking towards the Stairway to Heaven chairlift at Kicking Horse Mountain resort in Golden, B.C. on Thursday Feb. 26, 2009. (Jeff Bassett / THE CANADIAN PRESS)


Mountain rescue crews mull quitting over lawsuits
Updated: Mon Jun. 15 2009 17:53:06

The Canadian Press

Some search and rescue teams in British Columbia have stopped operating and others are looking at packing it in over concerns they may not have insurance against being sued.

Golden and District Search and Rescue has told provincial authorities it is suspending service after a Quebec skier named it in a lawsuit last month.

Gilles Blackburn is seeking damages from the Golden search and rescue team, as well as the RCMP and Kicking Horse Resort, after he and his wife spent nine days lost in the wilderness. He claims the three organizations didn't do enough to save him and his wife, who later died.

Search and rescue teams in Cranbrook and Fernie are considering shutting down and spokesmen for the teams in Kamloops and Kimberley also expressed worry.

Brad Russell, president of Kamloops Search and Rescue, said the province isn't doing enough to keep search and rescue teams informed of what coverage they have and what they need.

"They don't want to lose their houses, families, all the things that they've worked for because of some litigation against a volunteer organization."

Chris Duffy, acting executive director of the Provincial Emergency Program, confirmed Monday that the Golden search and rescue team has gone offline.

"They have said that they have concerns with liability coverage directly related to being served with this lawsuit," Duffy said in an interview. The Golden team has also withdrawn all of its rescue equipment.

Duffy said it's the first time a British Columbia volunteer search and rescue team has been hit with such a lawsuit and that realization has forced all teams to reexamine their insurance policies.

"There's a lot of concern over this and a lot of focus on it because it is a first and we want to explore what the gaps and risks are out of this and inform the wider search and rescue community to make sure that everyone has the coverages that they need."

Duffy said the province covers volunteers for liability, but the search and rescue societies are responsible for getting their own coverage because they are separate legal entities.

Blackburn and Marie-Josee Fortin, 44, were skiing from the top of a lift within the Kicking Horse Resort when they became lost on Feb. 15.

Blackburn claims that between Feb. 17 and 21, all three organizations were informed of SOS signals he stamped into the snow in the mountains near Golden, 700 kilometres northeast of Vancouver, but a search was not launched.

Fortin, died of hypothermia seven days into the ordeal.

Duffy said it's his understanding that the Golden team has the required insurance coverage.

A spokesman for Golden and District Search and Rescue was unavailable for comment.

Golden's decision to stop services prompted Kimberley search and rescue to shut their operations down for almost a week.

Peter Reid, president of the Kimberley team, said the volunteers resumed service Monday after getting clarification on its insurance policy.

"What's happening in Golden really caused a lot of concern for the board," he said.

"If insurance doesn't cover us fully, can they go after us personally? We were not aware that you could sue the society."

He called the lawsuit filed against the Golden team "frustrating."

"We are all volunteers, doing this on our own time. It should not be happening."

In Fernie, the search and rescue society's board and directors have resigned.

"They did resign, but we are not shut down from an operational point of view," said Neil McDermid, Fernie search manager.

McDermid said individual members of the Fernie team are still able to participate in searches.

In Cranbrook, the search and rescue team's executive council has voted to cease operations and the team has stopped serving areas outside the city district. A membership vote on the issue has yet to take place.

Russell, president of Kamloops Search and Rescue, said volunteers throughout the province just want to know they're not on their own in case a lawsuit is filed.

"We're going to make sure that down the road, once this litigation does set precedence, we're adequately covered," he said.

"The bigger question is how do you adequately cover for a liability you don't ever see coming? You can't plan for every single eventuality."

Russell said the Kamloops team is not yet ready to step down, though it is monitoring the situation in Golden.

http://calgary.ctv.ca/servlet/an/lo...ue_liability_090615/20090615/?hub=CalgaryHome
 
just another example of how litigious deuche bags are ruining the world for people who are trying to do a good thing.
 
Couldn't they just restructure as LLC's (limited liability companies)? Then they would only be responsible for what they have invested in the company, which in a case like this would be volunteer time. I'm not a lawyer, just curious if that would help and more than a bit upset to hear that something like this is going on.
 
this is a sad day for bc folks who like the outdoors. i hope north shore search and rescue doesnt shut down cause they do hundreds of rescues each year.
 
Let me get it right Blackburn got himself into a pile of s**t when HE got lost. He wasnt prepared and now he sues the SAR team for not getting him out of his own doing???? The all thing should be thrown out of court... Sound more like CA if you ask me.. Then they complain why the state try to control everything as if we were five year olds. It is just wrong for people to take a chance to lose it all just for trying to help a fellow man..

Sasha
 
They are a volunteer organization, not a government organization, correct? Why are they responsible for saving anyone? IIRC, the couple went out of bounds in an area that was clearly marked as out of bounds and dangerous. I could understand if a policeman stood and watched someone get murdered, but how on earth can a bunch of VOLUNTEERS be required to do anything by anyone?

I thought the US was the country with the ridiculous lawsuits. It's sad to see our neighbors to the north following suit.
 
IIRC Blackburn and hs wife went out of bounds on a ski hill, they did put up an SOS sign however a rescue team was not sent because the RCMP would not authorize a rescue. The area is often riddled with false distress signals so no one was sent until ther was conformation that it was a real survival situation.
 
Not sure how the SAR works with us in BC, but we don't usually prevent anyone from doing searches. In cases where foul play is suspected, an area may be closed off for investigative reasons. In certain instances the RCMP may not get involved in a search themselves, but I don't know how that would prevent the volunteer group from doing a search. Unless those search teams are funded through the RCMP, or managed by them, they wouldn't need authorization. But like I said, I'm not sure how things work in that Province. Love to work there someday, but haven't yet...
Interesting concept, suing the SAR guys for not volunteering enough. He should go after the car company that built the rental he used to get there as well.
Shouldn't be too hard on him. With all the stuff in the paper about how this person and that person got lost, and had to be rescued, he probably just assumed rescue was his right as a Canadian. Sense of entitlement or what-not.
I'll bet if there were no SAR teams, and there was no rescue coming, ever, a lot less people would get lost...
 
ghostguy6 said:
IIRC Blackburn and hs wife went out of bounds on a ski hill, they did put up an SOS sign however a rescue team was not sent because the RCMP would not authorize a rescue. The area is often riddled with false distress signals so no one was sent until ther was conformation that it was a real survival situation.
Click to expand...

If my memory serves me, the coles notes were:

1. Chopper spots SOS and notifies SAR. SAR checks with hotel who advises they have no overdue guests. Later turns out that the individuals checked out before they went skiing.
2. Another chopper sees a different SOS and notifies the RCMP. RCMP contacts SAR unit who advises they had already checked out the SOS and determined it was false. Unfortunately they were not talking about the same one.
3. Survivor is spotted and picked up by a chopper.

Horrible outcome only made worse by the lawsuit against the SAR outfit. Depending on the outcome I see an awful lot of areas shutting down the vital volunteer SAR teams. Disgusting how many lives this will cost. :grumpy:
 
"Blackburn claims that between Feb. 17 and 21, all three organizations were informed of SOS signals he stamped into the snow in the mountains near Golden, 700 kilometres northeast of Vancouver, but a search was not launched."

Glad thats not true, it didnt sound right at all.

Honestly, its ridiculous that someone would do this, the men and women I work with put their lives on the live for people we haven't even seen before, that case in quebec is horrible. Its just unbelievable that something like that would, or could even happen.....
 
I will try to be as polite as possible here, and trust me it is hard for me to not vent how i really feel.

it is ********* like this idiot from Quebec that really test the patience of SAR crews and RCMP. Right off the bat they were NOT EQUIPPED (both gear wise and experience/training wise) for the weather, or the region they were in. Second, they FAILED to let ANYONE know where they were heading. They only thing they did right was stamping out SOS in the snow.

when buddy finally got rescued, he was RUDE, angry towards the very peiople that SAVED his life. Thats nothing new, SAR deals with that all the time. But then idiot goes to the media and whines and cries that they were not rescued right away. Then he files a lawsuit and as a result of said lawsuit, hundreds of SAR volunteers are pulled from duty and the entire SAR program (yes, funded by a LOT of GOVERNMENT MONEY and private donations) is shut down. How long? who knows....

currentl;y the higher ups at each SAR Society are reviewing the insurance coverage they have and consulting the legal types for further information.

this is as polite and as nice as i can type this. Had i typed it as i wanted to , i would probably be banned.

on a positive note, i do know that most if not all of the Volunteers will still go out on their own (in teams) without the support of the SAR Command units/vehicles, because they believe in helping others.
 
I have to believe that insurance can be structured to cover the SAR organizations, with the volunteers themselves being exempt from lawsuits when acting in good faith. If some court is obnoxious enough to let a suit like this go forward, all it should be able to touch is the organization, not the personnel.

Nevertheless, I support the teams which are taking themselves off duty, if only to force an unambiguous legal and governmental policy to protect them.
 
yes, the volunteers here are covered under 3rd party liability insurance, and pretty much exempt from lawsuits except in cases of gross negligence. It is the SAR organizations that are reviewing their insurance coverage. Some have pulled their volunteers to protect them. However the volunteers are going out on their own , and as such are simply civilians (covered under good Samaritan act) searchers without the help of the SAR Command center, mobile command, choppers, water rescue boats, etc etc
 
Esav Benyamin said:
I have to believe that insurance can be structured to cover the SAR organizations, with the volunteers themselves being exempt from lawsuits when acting in good faith. If some court is obnoxious enough to let a suit like this go forward, all it should be able to touch is the organization, not the personnel.

Nevertheless, I support the teams which are taking themselves off duty, if only to force an unambiguous legal and governmental policy to protect them.
Click to expand...

With the way judges behave today, who would risk going into court?
 
That's why they should shut down until they get an unambiguous policy shielding them from lawsuits. Even a frivolous suit is expensive in money, time, and aggravation.
 
Bushman5 said:
I will try to be as polite as possible here, and trust me it is hard for me to not vent how i really feel.

it is ********* like this idiot from Quebec that really test the patience of SAR crews and RCMP. Right off the bat they were NOT EQUIPPED (both gear wise and experience/training wise) for the weather, or the region they were in. Second, they FAILED to let ANYONE know where they were heading. They only thing they did right was stamping out SOS in the snow.

when buddy finally got rescued, he was RUDE, angry towards the very peiople that SAVED his life. Thats nothing new, SAR deals with that all the time. But then idiot goes to the media and whines and cries that they were not rescued right away. Then he files a lawsuit and as a result of said lawsuit, hundreds of SAR volunteers are pulled from duty and the entire SAR program (yes, funded by a LOT of GOVERNMENT MONEY and private donations) is shut down. How long? who knows....

currentl;y the higher ups at each SAR Society are reviewing the insurance coverage they have and consulting the legal types for further information.

this is as polite and as nice as i can type this. Had i typed it as i wanted to , i would probably be banned.

on a positive note, i do know that most if not all of the Volunteers will still go out on their own (in teams) without the support of the SAR Command units/vehicles, because they believe in helping others.
Click to expand...


welcome back ol' buddy
 
This guy should be dropped back in the same spot he was rescued from and told to find his own way out.
 
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