![]() Those who failed a second time were to be offered an alternate outing. Students who failed the swim test were supposed to be given swimming lessons and take part in a second assessment, the court heard. Students were to be offered alternate outing Several students also wore life-jackets during the assessment, which was against the regulations established for overnight canoe trips. Perry failed the test, as did nearly half of the students who took part in the excursion, the court has heard. Judge delays decision in case of Toronto teacher charged in teen's drowningĬourt heard the trip was part of an ongoing program for under-served youth, and that students were required to pass a swimming test in order to participate.The Crown alleged Mills bypassed some rules because he felt he "knew better." The teacher maintained, however, that the safety requirements he imposed went beyond what's commonly done in the private sector. Some of the measures would have made it impossible to carry out the trip at all, he told a virtual court. Mills testified in his own defence during the trial and acknowledged he did not follow some rules imposed by the Toronto District School Board because he believed them to be impractical or unnecessary. They also argued Mills shouldn't be held to a higher standard than the "average parent" conducting a similar trip. Prosecutors alleged during trial that Mills ignored safety rules in planning and carrying out the multi-day excursion, and allowed Perry - who they argued could not swim - to go in the water without a life-jacket.Äefence lawyers, meanwhile, said the Crown has failed to prove beyond a reasonable doubt that Perry couldn't swim, which they said is necessary to establish negligence. Mills made a series of unreasonable decisions culminating in the death of Jeremiah," she said. She found that failure "brought his conduct to the level of carelessness," but did not reach the level of "wanton and reckless disregard" required for a criminal conviction, nor did it represent a significant enough departure from the standard of care. In delivering the verdict, Ontario Superior Court Justice Maureen Forestell said that while Mills made individual decisions that were justifiable under the circumstances, such as allowing weak swimmers to take part in the trip, his conduct "fell below the standard (of care)" when he failed to reassess the risk at the swim site. Jefferys Collegiate Institute, oversaw the July 2017 trip to Algonquin Provincial Park during which Perry died. Nicholas Mills was charged with criminal negligence causing death in the drowning of Jeremiah Perry. A Toronto teacher was found not guilty in the drowning of a 15-year-old student during a school canoe trip, after a judge ruled Wednesday that his actions weren't a "marked and substantial departure" from the reasonable standard of care.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |