City council last week bypassed the advice of staff and approved the development of a personal flotation device bylaw and the installation of ring buoys at Lake Margaret.
In a report to council, Jeff Bray, Director of Parks, Recreation and Facilities, had recommended not proceeding due to potential liability issues.
Bray noted in his report, “Legal counsel has advised that the city has the authority to establish a bylaw requiring the use of PFDs (personal flotation devices) on pleasure watercraft on waters within the municipal boundary, e.g. Lake Margaret.
“Establishing such a bylaw will create a new area of risk for which the municipality may experience liability claims. Conversely, legal counsel also advised that the city will not incur liability if it elects not to establish such a bylaw.”
The action was prompted by the drowning death in Lake Margaret of 26-year-old Ryan Davies last Labour Day.
What began as a pleasant morning of fishing on Lake Margaret quickly turned tragic when a canoe holding three friends tipped over.
Two people were rescued; however, after a day-long search, the body of 26-year-old Ryan Davies was recovered.
That incident spurred Davies’ mother, Linda King, into action.
It is not believed they were wearing life jackets, and so King wants to establish a life jacket loaner program.
“It’s really important to me, with what happened with Ryan, I don’t want anything like this to happen again.
“And, unfortunately, from everything I’ve been hearing, life jackets are just not something that has been pushed.”
And so, earlier this year, King launched a petition urging local officials to implement a life jacket loaner program at Port Stanley Beach and Lake Margaret.
During debate on Bray’s report, Coun. Steve Peters advised , “I want to speak in support of this, not withstanding the way the report is written.
“I have been to countless hotels, resorts, beaches, and I just think that anything that we can do to help potentially save a life is something that we should do.
“And notwithstanding the concerns that have been expressed, I do support the installation of a series of buoys around Lake Margaret.”
Coun. Gary Clarke added, “I was just wondering if we could get some further comment on how this project would differ from the exposure you have if you put a defibrillator in an arena or whether when you, as Coun. Peters mentioned, go to Port Stanley, and there are rings at the bottom of the lifeguard’s chairs and things like that.
“And how do those other communities, how are they able to support themselves legally, and how do we do it with the arena and things that we put in there?”
Coun. Peters requested a recorded vote, and the motion to proceed with the personal flotation device bylaw and ring buoys passed by a 5-3 vote.
Councillors Jim Herbert, Rose Gibson and Jeff Kohler were opposed.
Mayor Joe Preston was absent from the meeting.
Written by Ian McCallum
