16. Risk and Liability Issues for COSA

A. Non- Supervisory Role of COSA

It is important and necessary that a COSA Project not establish itself as a supervisory body in relation to the core member. Circles of Support and Accountability do not supervise men on parole, probation or any other form of community release, nor do they supervise a person who is responsible under court orders (e.g. Peace Bonds, Surety or s. 810 CCC). There is no formal reporting relationship between a core member and any member of his COSA or the COSA Project, nor should one ever be established.

If a supervisory relationship is established or can be proved, it would be reasonable to expect that the extent of liability for the group would increase.

B. Relationship based on Friendship

This Guide and the Guide to Training Potential Volunteers 2002 define friendships as one of the Core Principles of COSA. Volunteers seek to walk in friendship with a core member but do not assume responsibility for his behaviour. Acting in this capacity as a "Good Samaritan," there should not be a major concern about a volunteer being liable for an offence committed by the core member. For example, if a volunteer meets with a core member for coffee, and later, after parting company, the core member assaults someone, the responsibility for the assault is not the volunteer's, nor is it the COSA. The responsibility rests with the offender and the choices he has made.

Where it may become less clear is when the COSA volunteer(s) becomes aware that the offender is engaging in risky behavior that is known to have been a precursor to the core member's past sexual assaults but did nothing to intervene. An example might be alcohol consumption or other form of substance abuse, or being with prostitutes, using pornography or associating with children (in the case of a pedophilic core member). It might be argued that the volunteer(s) failed to discharge his or her responsibility as a citizen (or citizens).

It is recommended that all COSA projects thoroughly discuss their work with appropriate professionals who can help them understand their liability issues and advise them on the best course for managing liability, including the purchase of liability insurance.

C. COSA as Member of a Parish or Church Community

If a COSA is organized through an organization like a Parish or Church community, that organization will likely be covered by liability insurance. The Parish or Church community ought to be certain that their insurance company is aware of the COSA activities and that the COSA and its volunteers are covered under the policy.

D. COSA as Part of Community Chaplaincy

Community Chaplains ought to be protected through liability insurance. If the COSA is organized under the direction of the Community Chaplain, the COSA volunteers ought to fall under the Community Chaplain's policy. This should be arranged with the insurance providers.

E. Volunteer Members of Boards or Panels

It is especially important for COSA Boards of Directors and volunteer members of COSA Advisory Panels to be aware that they can be held personally liable if an unfortunate event occurred. Many insurance companies offer policies that specifically protect volunteers on Boards and Panels.

F. Correctional Service Contracts

The Correctional Service of Canada insurance does not cover COSA or their volunteers. It is important to recognize that COSA volunteers are not considered to be the CSC's volunteers. They have not completed the CSC volunteer Application-Form and have not been screened by the CSC personnel. They are non-CSC community-based volunteers who do not have the CSC security clearance and who have not taken the CSC volunteer training. Each CSC contract that may exist for a COSA, will usually also specify that those holding a contract will "Save Harmless Her Majesty" in terms of damages that may be incurred. Liability Insurance must come from other sources.

G. Disclaimer

Liability insurance is the responsibility of each COSA project. This Guide and its authors do not in any way intend to give insurance or legal advice. The information above is offered to begin discussions in this field with professionals. It is strongly advised that each COSA project receive professional advice in matters pertaining to their legal rights and responsibilities, and obtain the appropriate insurance.

H. Conclusion

To conclude, it is important to realize that risk is part of correctional work. But training, appropriate screening, professional relationships, common sense, continual monitoring and avoiding isolation help greatly to reduce risk. Nevertheless, liability insurance is a necessity for those very rare occasions when something goes wrong. Please ensure that this area too is professionally attended too.