Twin brothers identified as victims of accident at Calgary bobsled track

First of all these were children who died. 17 year old high school grads are still children according to the law, they are considered by society too immature to vote, drink alcohol, buy cigarettes, join the army or enter into legally binding contracts, and are tried under the Young Offenders Act for all but the most serious crimes.

If we don't treat them as adults fully responsible for all the consequences of their actions in all these cases, then it is very unfair to heap all responsibility on them their own deaths in what they thought was a harmless youthful prank.

The English Common Law principle of "attractive nuisance" has been around for a couple hundred years. https://en.wikipedia.org/wiki/Attractive_nuisance_doctrine

This states that if you have a dangerous attraction to children on your private property and you know children have been trying to trespass in the past, then you, the landowner are required to do your best to either prevent trespassing or make the attraction safe in case a trespassing child does get in or you can be liable in case of their death or injury. The Supreme Court of Canada has upheld this principle several times, often in cases of children trespassing and then drowning in a neighbor's pool.

Under Alberta and Federal Criminal law a property owner has liability even in case a trespasser is injured, if it is due to deliberate or reckless actions by the property owner.

A guy in Ontario a few years ago was sick and tired of his cottage being burglarized and left a shotgun on a trip wire that killed the next random burglar. That guy got convicted of first degree murder.

The media is full of reports that it is common knowledge around workers at COP that trespassers ride down the track at night. A 2 kilometer bobsled run left unsecured at night is without doubt an attraction to children, luring them to trespass. Whistler has from the beginning instituted security measures that prevent trespassing riders on their track so COP can't claim it is technically impossible.

If COP

1) knew full well that children regularly trespass to ride the track

and

2) knew that if they got on the wrong branch , the luge, and the gate was closed they would hit the gate and gruesomely die

then COP could be facing not only a massive lawsuit, but criminal charges as well.

/r/Calgary Thread Parent Link - theglobeandmail.com