The Safety Plan of International Activities proposed by Aléas is a simple and efficient model to demonstrate authority, prevention and efficiency.
The Criminal Code of Canada (article 217.1) stipulates that “Everyone who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person”. Section 22.1 and 22.2 impose potential criminal responsibility on organizations and their agents for negligence and other offenses.
Anyone working for an organization could be charged with a criminal offense in the event of a breach of the responsibilities described in the law. Thus, any person responsible for directing work must take reasonable steps to ensure the safety of workers and the public.
Therefore, all those involved in overseeing an organization’s international activity have an obligation to exercise due diligence in all aspects and stages of that activity.
DEFENCE OF DUE DILIGENCE
The organization prosecuted for criminal negligence may raise a defence of due diligence. The case law on health-related offenses reveals three essential elements: authority, prevention and efficiency.
Due diligence is the degree of judgment, care, caution, firmness and action that can reasonably be expected of a person in certain circumstances.
When applied in the context of international health and safety, due diligence means that the organization must take all reasonable precautions, taking into account the particular circumstances of the destination country, to prevent any incident involving the safety of travellers which could lead to accidents and injuries during international activities and to provide adequate care in the event of accident or illness.