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Introduction

Ontario law is clear: whether you have medical training or not, the courts expect
you only to use common sense. Do what is reasonable considering the seriousness
of the situation and your own skills. What the law looks for is a common sense ap-
proach from anyone who stops to help another in an emergency.

Even medical personnel are expected to provide only assistance that is reasonable,
considering their training, the circumstances, and the extent of the injuries involved.
For example, the law takes into consideration that it is obviously more difficult to
treat a severely injured person on a dark roadside without equipment than it would
be in a hospital emergency room. With this in mind, in an emergency medical situa-
tion, any doctor, nurse, or medical person (including someone trained in assisting)
should step forward to help with no real concern for a successful lawsuit against
them.

The law does expect you to be cautious when your actions could affect others. You
do not want to cause more harm than good to the person you are trying to help. If
the life of the victim is not in danger and you don't know what to do, stay with the
victim, if possible, and send for help.
The law also requires that once you have accepted responsibility for giving emer-
gency assistance to a victim of accident or illness, you must continue to give help
until another person is able to take over, the desirable person being one with medical
training, of course. The reason is that the person initially offering help may have
discouraged any other potential helper.

There is no general legal duty to help someone in an emergency except in the
Province of Quebec. However in a few cases people do have a specific legal duty
to provide assistance. One of the most important is the legal duty placed on any
person involved in a motor vehicle accident. The person must stop and give all
possible assistance to the persons involved. As another example, a lifeguard would
have a duty to assist a drowning swimmer.

This is an example of how emergency first aid assistance is interpreted in Ontario,
Canada. Expectations and legal interpretations vary between provinces and states.
It is up to you to inquire and become familiar with the specific laws in your commu-
nity and workplace. Your classroom facilitator will be apprised of the local laws,
statutes and regulations applicable to your area.

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