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SAR teams stay on job despite insurance anxiety

Lawyer for lost Golden skier says client wants to makes sure no one else goes through what he did

Search and rescue teams along Highway 99 will continue to respond to call outs.

But they want the provincial government to investigate the type of insurance they have and they want all coverage to be paid for by the Crown, including third party liability.

"We will continue providing service for the immediate future," said Brad Sills, manager of Whistler's Search and Rescue (SAR).

"But we have identified specific gaps in the province's coverage for SAR teams and we are going to work together with the B.C. SAR Association to ensure that there is a blanket and comprehensive liability policy put in place for all SAR volunteers in the province, at all times."

For example, said Sills, they are not covered by insurance as they travel back and forth to training sites.

SAR leaders of Whistler, Pemberton, Squamish, Lions Bay and the North Shore met last week to discuss the issue, which is in the spotlight following a lawsuit that was launched against the Golden and District Search and Rescue Association in the death of Marie-Josee Fortin.

She and her husband Gilles Blackburn, who launched the lawsuit, skied from the Kicking Horse Mountain Resort, near Golden, into the backcountry in February. Fortin died of hypothermia after the couple spent a week lost in the wilderness. Two days after Fortin died Blackburn was rescued.

Blackburn's "SOS" stamped into the snow had been reported to authorities but a search was not initiated for several days. Officials said they had found no indication anyone was missing.

Blackburn is also suing the RCMP, The Kicking Horse Resort, the attorney general of B.C. and other defendants.

It is the first time a rescue association or society has been sued and it has sent the organizations into a frenzy of insurance form checking.

Initially several search and rescue groups decided to withhold services until the insurance issue had been clarified. Currently, however, only Golden is still off-line.

Under current policy if SAR groups are called out on a rescue and receive what is known as a task number from the Emergency Control Centre (ECC) of the Provincial Emergency Program (PEP) then all members are covered, unless negligent. They also have Workers Compensation Board coverage.

However, it is up to each individual SAR society or association to insure its own organization, including the executives and directors.

"It is timely that this has come up as it has caused us all to realize that (the coverage) is inadequate and completely unworkable in the long run," said Sills.

"It has to change."

While no timeline has been given to the province, which is meeting with B.C. SAR this week, interior SAR groups have asked for some sort of proposal on the issue to be available to look at in the next 60 days.

Sills said all the SAR teams around B.C are e-mailing back and forth on the issue and are looking for solutions.

"This is a big issue and we are trying to communicate that to the Crown," said Sills.

"They may be able to wear down the association but they will never wear down the teams."

Dave Steers of Pemberton's SAR said he is hoping the province will decide to cover the cost of third party liability insurance.

While the extra cost may not seem like much to larger teams such as Whistler's or the North Shore it can be a real burden for small communities.

"There are some awfully small search and rescue groups out there that are doing their best with what they have and $2,500 to $3,000 in insurance is a lot of money to them," said Steers.

"And, while I don't know this for a fact there could be some search and rescue groups that are saying, 'we just can't afford to do this. What are we going to do?'"

Whistler lawyer Nancy Wilhelm-Morden, who is acting for Blackburn, said she is surprised by the amount of discussion the suit has raised.

Blackburn, she said, was motivated to launch the lawsuit, "to ensure that something like this doesn't happen to anybody again.

"People become lost for all kinds of reasons. It can be bad weather coming in, it can be a mistake on their part, it can be confusion - people get lost. The issue here is what happened after they became lost.

"They cried for help and their cries for help were heard both by the Golden search and rescue and by the RCMP, who did nothing.

"There clearly was a breakdown in protocol somewhere in Golden and Mr. Blackburn wants to ensure that that is fixed."

Wilhelm-Morden also pointed out that the RCMP is the initial instigator in a search and if SAR teams are not immediately available then there are other resources to call on including other police officers, firefighters and the armed forces if necessary.

She also took issue with the claim being made by some in search and rescue that they could lose their homes and businesses if sued.

Not so, said Wilhelm-Morden. If the rescue associations and societies are incorporated then liability is limited to the organizations and does not transfer to the individual.

Statements of defence are expected to be filed by mid July.