Running Head: Off-Site School Activities 1

Off-Site School Activities

School Safety and Teacher Supervision: Changes over time

Cindy Dick

Brandon University

881649

01.758 School Administration and the Law

Dr. Tom Skinner

Brandon University

Off-Site School Activities 2

Schools that use a wide variety of outdoor pursuits and educational outings, can enhance

and contribute to a child’s learning experiences. Any school activity, whether on site or off-site,

will have risks and possible dangers that may occur. On June 27, 2002, Josh Harder, age 5, from

St. Adolphe School, drowned in Margaret Grant Pool in Winnipeg, Manitoba, during a school

field- trip with his classmates. As a result of this tragic incident, many policies and safety proce-

dures changed drastically in order to prevent any further injuries or deaths during school outings.

This case had a number of implications for school trips and particular swimming outings for the

future.

According to the Public Schools Act Section 96 (1) (c), teachers are responsible to

“maintain order and discipline” (Public Schools Act). Teachers are responsible for supervision

and to uphold this “order” in the form of a safe environment for their students. The teacher must

ensure that the students are cared for in the “careful parent” standard form, called in loco parentis

(Duhaime, n.d.). In loco parentis is defined as “a person who, though not the natural parent, has

acted as a parent to a child and may thus be liable to legal obligations as if he/she were a natural

parent” (Duhaime, n.d.). Teachers act on behalf of the parent or guardian during any and all

school related activities. “The teacher and the school are responsible for the care and control of

the pupil and the duty of care owed is that of the “careful or prudent parent” (MTS, 2013). Typ-

ically, this standard applies for the supervision and protection of students at all time during the

school day” (MTS, 2013). The Manitoba Teacher’s Society union supports that teachers act as

the prudent parent; in loco parentis to students for the “daily needs of healthy students such as

caring for bruises, bumps, etc” (MTS, 2013).

“Teachers’ liability for the safety of their students in school is also related to their status

as occupiers and students’ status as invitees” (Young, et al, 2006). Occupiers liability is the law

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that affects the owner of the property and whether there is an injury on their property. Students

are categorized under an “invitee”, which means that they need the “highest standard of care

from teachers as occupiers and school boards as owners” (Young, et al, 2006). Therefore, it is

the duty of the teachers to act diligently and ensure that the environments that children are inter-

acting with are safe and without hazards.

In a school ski trip in British Columbia in 2000, a 17 year old student was injured, caus-

ing him to be quadriplegic, after attempting a jump while snowboarding. The case was brought

forward by Murao against the School Board and the ski resort. There was a discussion of “stan-

dard of care” and whether the care had been established appropriately (Winans, 2005). The

judge ruled that the ski resort was 70% liable, School board 15% and the student 15% liable

(Winans, 2005). Murao attempted to appeal the decision and the appeal was dismissed (Winans,

2005). Murao was attempting a jump on a hill that was not considered safe. In my opinion, the

question whether the supervision was acceptable and whether the ski resort adequately provided

enough information and safe guards in relation to their ski site is definitely unclear.  

“The case argued against the Board was essentially that the Teachers had fallen

below the standard of care to be expected of the prudent parents of a 17 year old

boy in principally two respects. First, they failed to insist that the students take a snow-

boarding lesson and have their skill level assessed to determine what areas of the

mountain they should avoid. Second, they failed to adequately monitor the stu-

dents during the course of the day to ensure that by reason of peer pressure or for

other reasons they were not attempting to do anything that was particularly dangerous”

(Winans, 2005).

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The standard of care should have involved detailed lessons, and a review of the ski area

explaining the risks of particular hills and tricks. After reviewing another tragic incident where

seven students were killed in avalanche in 2003 in a ski trip, there were several implications and

applications for school ski outings (Winans, 2005). Some of the recommendations were, “proper

training of students, limitations of student activity to level of ability, constant monitoring by su-

pervising teacher and minimizing of peer pressure” (Winans, 2005). These recommendations

could be applied to the Harder case as well; proper training of students that could or could not

swim, limiting the swimming to only the areas that the students were able to swim, and constant

and close supervision of all students.

Another case law example involves a 6 year old boy named Amin Zacharia who died

tragically in a swimming excursion in 2003. Immigration and Refugee Community Organization

was responsible for the swimming activity, and the Amin family claimed they were negligent

(Amin v Immigrant and Refugee Community Organization of Manitoba Inc., 2003). The stan-

dard of care was again in question. It appears that the Immigration and Refugee Community Or-

ganization had not provided adequate standard of care for Zacharia. Mr. Amin claimed that their

boy could not swim, there was no parent permission form signed, parents were not advised of the

field trip, and parents were not asked if their son could swim. Unfortunately, the plaintiff failed

to show enough evidence and there was not substantial proof to show how Zacharia died, nor if

the organization was responsible. The case was dismissed due to lack of evidence provided.

(Amin v Immigrant and Refugee Community Organization of Manitoba Inc., 2003). Despite the

lack of evidence in this case, it could be another example of the risks involved in off-site activi-

ties and the importance of the standard of care for students is critical at any time.

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In the case of Josh Harder, parents did not take legal action against the School Board nor

the pool. After his death, the Chief Medical Examiner “made a direction under S. 19(2) of the

Fatality Inquiries Act of Manitoba” that a judge determine if anything can be done to prevent any

further deaths in the future (para. 2, Devine, 2003). Within this examination, Judge Susan

Devine recommends several policy changes. The City of Winnipeg and the Seine River School

Division created a committee, as a result of the incident, in order to create and make changes to

divisional and city policies regarding swim safety for all students. “The committee included par-

ent, teacher, and principal representation as well as representation from the Canadian Red Cross

and the Faculty of Education” (para. 106, Devine, 2003). Risk manager, Keith Thomas from the

Manitoba Association of School Trustees was also involved. This committee developed the

“Swim Safe” program that was then used around the province (para. 106, Devine, 2003). The

new program outlines that all students in grades Kindergarten to grade 2 are required to wear a

life jacket or PFD, “regardless of their swimming ability” (para. 107, Devine, 2003). This new

guideline may have helped Josh, as he was not required to wear a life jacket, despite the fact that

he had never swam in a swimming pool before. The supervision policies also changed to more

adults required for young children. “Adult to children supervision for kindergarten will be one to

four while the ratio will be one to six for children in grades 1 to 4” (para 107, Devine, 2003).

They also added a buddy program, as well as the need for swimming categories to be established

before students arrive at the pool. Although it is difficult to prove, but it is safe to rationalize

that all of these new policies may have had a different outcome on June 27, 2002.

Recommendations to the Public Health Act, included changes to swimming pools regula-

tions regarding the credentials of life guards at all public pools. All lifeguards now need to have

a minimum qualification of NLS Lifeguard Service Award, as well as the first-aid certification

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already in place (para. 113, Devine, 2003). The second recommendation to the Public Health

Act is increase the number of lifeguards to two lifeguards required for thirty-one swimmers, in-

stead of one lifeguard for forty-nine swimmers (para. 114, Devine, 2003). A third recommenda-

tion was for swimming pools to amend their regulations and have their procedures accessible and

staff trained in how to implement their plans (para. 123, Devine, 2003). If the staff had been fa-

miliar with safety procedures, they may have encouraged the teachers to come out onto the pool

deck to help supervise the students during the swim. The teachers had watched from inside an

observation room when the tragedy occurred. The final recommendation to the Province, was to

start a “public education campaign on water safety” in order to address the need for children to

be aware of the safety guidelines (para. 126, Devine, 2003).

The Department of Education was also included in Judge Devine’s recommendations for

improvement. Even though the Manitoba Association of School Trustees have helped develop

the Swim Safe program and Physical Education safety guidelines, it is not their responsibility to

ensure that they are implemented and monitored. The recommendation to the Department in-

cluded there be “common safety standards for school field trips, and in particular, those involv-

ing aquatic and boating activities and other similar high-risk activities like skiing and wilderness

trips” (para. 138, Devine, 2003). Ultimately, the administrator of a school is responsible for the

planning and approving of any school field trip. Therefore, another recommendation to the De-

partment of Education was to “continue and enhance its efforts to assist in the training of school

administrators and teachers about their duties and responsibilities in the area of risk management

and effective supervision of students” (para. 139, Devine, 2003). In my experience, our superin-

tendent was explicit in reminding administrators approve all school field trips two weeks in ad-

vance and expect a planning outline from the organizing teachers beforehand. This detailed

Off-Site School Activities 7

planning document needed to include information about teacher readiness, safety of the facility,

behavioural expectations, emergency procedures, a risk assessment and details of the supervision

provided. Seine River School Division now has a policy that all swim trips must follow “divi-

sional Swim safe document and policy” (Seine River School Division, 2016).

Manitoba Coalition for Safety Waters published a guideline for water safety in 1998. Af-

ter the death of Josh Harder and the death of Zackaria Amin, there were changes made to this

document. “Drowning is the second leading cause of unintentional injury death for Canadian

children and youth 0-19 years of age and the fourth leading cause of injury death for all ages”

(Manitoba Health, 2016). The Waterfront Safety Guidelines was amended in 2003 with refer-

ences made to Judge Devine from the Harder inquisition and Judge Harrie from the Amin case.

The recommendations were considered, along with consultations with many other stakeholders,

in regards to improved water safety procedures and policies.

The Seine River School Division also has a policy in place that involves teachers prepar-

ing a pre-planning document before any field trip, and is presented for approval to their adminis-

trator. Another recommendation from the inquiry, is the teachers need to ensure there is a vehi-

cle present to transport students for any emergency situations (para. 159, Devine, 2003). Also, if

there is a serious accident that occurs, all staff present must provide a written statement to assist

in any investigation. In the Harder situation, this did not happen, and this impeded the police in-

vestigation, making it difficult for timely interviews to take place.

Another recommendation for Seine River School Division includes adopting swimming

lessons within their physical education program. Judge Devine particularly emphasized that the

primary grades include water safety in their health and physical education curriculum. St. Nor-

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bert school has included swimming lessons as a part of their physical education program for their

primary grades (para. 166, Devine, 2003).

Judge Devine made several recommendations to the City of Winnipeg in the area of their

paramedics and the availability of personnel with the required training. At the time of Harder’s

death, the paramedic was not trained to administer medication to children under 10 years of age.

There is some question whether this would have influenced the outcome in this situation. There-

fore, Judge Devine recommends to increase “the number of paramedics who have the necessary

skills and training to administer drugs to children under ten years of age” (para. 171, Devine,

2003).

Providing supervision is part of the duty of care that is required in any school related ac-

tivity. Parents have sent their child to school, with the expectation that their child is safe, and

will be supervised in a manner that does not put them at risk for any danger or hazardous situa-

tion. Off-site activities are an extension of a child’s learning, and they provide opportunities for

social growth as well as gaining curriculum knowledge. Planning for an off-site field trip re-

quires detailed and thorough research, on the part of the teachers and staff. If teachers do not fol-

low the policies that are in place, it puts the teachers, the school and the division at risk. Permis-

sion slips are essential, but they do not absolve the school in regards to the obligation of provid-

ing a safe environment for students (Young, Levin, Wallin, 2006). In the case of Josh Harder,

there were many factors that were not in place that contributed to the risk factors. The Harder

case was a precedented case. It is unfortunate that a tragic incident happened, but as a result

there are now many positive policies in place that assist in keeping students safe at swimming

events and other off-site activities.

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Water safety is sill applicable in today’s media, and consequently, in today’s schools.

After a tragic death in August 2016, involving David Medina and Jhonalyn Javier, who drowned

at Grand Beach, Winnipeg School Board trustee suggests that swimming lessons within all

schools would help prevent drownings (Crabb, 2016). “Trustee Mark Wasyliw said the program

would target newcomers and indigenous Canadians but would be offered to all students” (Crabb,

2016). It is interesting that Judge Devine had recommended swimming lessons as a part of regu-

lar curriculum in all schools in 2013. Changes within school curriculum and instructional pro-

gramming takes a great deal of time to show evidence of change. Despite the fact that swimming

is a life skill, there remains to be restrictions in place that are preventing a wide provincial impli-

cation.

There were many factors that contributed to Josh Harder’s death and it is difficult to pre-

dict if one, or all of the missing pieces held more responsibility than the others. As mentioned

above, the Harder family never took the Seine River School Division nor the school to court for

any liability. Mrs. Harder was denied the opportunity to volunteer on the trip that day, despite

that fact that she had asked if there was enough supervision. The teachers never asked what level

of swimming skills Josh had and whether he needed a floatation device. There were 3 lifeguards

on duty for approximately 95 students in grades Kindergarten to Grade 4. The pool used several

pool toys that were in the water including a large 4 foot long floating mat. Josh had never been

swimming in a pool before; only at his cottage in the lake nearby. All of these factors are now

covered within policy and are reflected in all field trip outings that involve swimming. Similar

to an incident in 1996, when 7 year old Raymond Cadieux died in Manitoba due to a bus acci-

dent, there are now sweeping changes to bus safety and bus equipment.

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The implications for education as a result of this case are numerous. Teachers are en-

couraged to follow all policies and procedures when planning off-site school activities. Field

trips require diligent planning and preparation. Unfortunately, even though a thoroughly planned

field trip may still result in an injury occurring, the pre-planning may assist staff in avoiding lia-

bility. Supervision is a key component to the planning. It is imperative that the supervisors are

trained and knowledgeable. The ratio of supervisors to children need to follow the policies that

are required. This may be dependent on the age of the children. For example, kindergarten stu-

dents require more adult supervision in a pool environment. The characteristics of the students

involved in the field trip must be taken into consideration. Staff need to consider their age, expe-

rience, physical condition, behaviour and skill level (Manitoba School Boards, 2015). A buddy

system is another component that helps with supervision and contributes to the safety of the

group. A detailed emergency plan is also an essential part of planning a field trip. The emer-

gency plan needs to include notification for parents, extra vehicles that are available for transport

if needed and medical information. The location of the off-site activity must be visited ahead of

time to ensure the environment is safe, risk factors considered and information about the loca-

tion’s policies and emergency plans are in place.

The importance of off-site activities and the benefits and opportunities that are offered

may weigh heavy against the tremendous responsibility for teachers and staff in providing the

highest standard of care. It would be tragic if schools start to limit their outings, due to the re-

search and effort that is involved in preparing for a field trip. Unfortunately, there is no guaran-

tee that there is absolutely no risk involved in off-site activities, just as there is no guarantee that

a child can’t get injured on a school playground going down the slide. As provided in this paper,

due diligence can be followed while using policies and guidelines as preventable measures, and

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ensuring risks are minimized. Some may argue that experiences for children are not worth the

risks or hazards that are out in the world, but this author believes that the world is for discovering

and exploring and therefore, staff are encouraged to continue to plan, prepare, and research for

innovative, off-site pursuits that enhance our children’s world rather than shelter them away.

References

Amin v Immigrant and Refugee Community Organization of Manitoba Inc. (2003). Retrieved

from LexisNexis Academic: http://www.lexisnexis.com.berlioz.brandonu.ca/hottopics/

lnacademic/Amin v. Immigrant and Refugee Community Organization of Manitoba Inc.

2003 MBQB 78 Manitoba Court of Queen’s Bench Winnipeg Centre. March 31, 2003.

Crabb, J. (2016). Swimming would help prevent drownings: school board trustee. CTV news

Retrieved from http://winnipeg.ctvnews.ca/swimming-program-would-help-prevent-

drownings-school-board-trustee-1.3099465

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Devine, S. (2003). Fatality Inquiries Act. Provincial Court of Manitoba. Retrieved from http://

www.manitobacourts.mb.ca/site/assets/files/1051/harder_inquest.pdf

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Manitoba School Boards Association. (2015). Swim Safe Programs. A reference guide for

schools. Developed in collaboration with Seine River School Division. Retrieved from

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%20Safe%20Program.pdf

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Thomas, K., (2010). Risk Management at a Glance for Manitoba Schools. Manitoba School

Boards Association.

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Winans, J.D., J., 2005. Murao v. Blackcomb Skiing Enterprises Limited Partnership, (2005)

B.C.J. No. 113 (British Columbia Court of Appeal). Retrieved from: https://moo-

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