Reciprocal Altruism and the Backwoods Ethic

by

by John Fitzsimons

Have you ever headed out on a trip into Georgian Bay half expecting the campsite to be strewn with the unmentionable mementos of past travellers, but been pleasantly surprised to find everything as it should be? Unfortunately, as more people discover Georgian Bay this is less likely to happen, save for the ongoing dedication of a growing cadre of like-minded groups and individuals intent on maintaining the pristine state of Georgian Bay. GLSKA can count itself among the many active groups involved that include the Eastern Georgian Bay Stewardship Council, the Ontario Ministry of Natural Resources, Carling Township, White Squall Paddling Centre, the Ontario Stewardship Ranger Program, the Georgian Bay Biosphere Reserve, Georgian Bay Land Trust, West Carling Association, and North Sound Association. These groups provide donations of time and at times money to help maintain that very unique water body known as Georgian Bay.

This past fall GLSKA was once again able to muster a small group of dedicated volunteers from the membership to put aside their personal lives for a weekend and travel out to Franklin Island for a weekend of cleanup activities but with an emphasis on fun. Franklin Island has been the usual destination for this weekend because of ongoing problems with this island, probably owing to its close proximity to land. On September 16, Sean Granville, Laura Mathews, Andrew Lawrence, Sarka Lhotak, Kim McGregor, Keith Moriyama and Rob Wright joined me for a fabulous weekend. Being still summer (but barely) the group was able to paddle in pleasant conditions with neither the hot summer temperatures nor the winged pestilence that characterizes that of full summer. Although evenings are cool this time of year, fires built on both of the evenings kept one and all warm as they shared various offerings from hatches and reminisced about a summer too soon gone while sharing some of gourmand Sean’s latest creation.

During the day, groups circumnavigated Franklin Island while some travelled to Snake Island to check out the condition of campsites and thunderboxes. Although little garbage was found, a tribute to a growing environmental ethic, and few thunderboxes needed to be moved, Laura and Kim put in a yeoman’s effort to render some sites on eastern Franklin Island fit once again for humanity. It has been evident over the years and for many of the groups involved in stewardship that eastern Franklin Island has remained an ongoing problem. As kayakers we might take solace in the fact that eastern Franklin Island is one of the few areas with protected anchorage and as a result will tend to at least confine the types of environmental degradation that have come to characterize the area.

Although many of the thunderboxes were in good shape, it was evident that for some areas the thunderbox was either missing or had never been there in the first place. As a result, discussions with other groups are now underway as to ways of increasing the number of thunderboxes on the ground and in ways that will minimize costs. In past our members have been very active in the construction and placement of thunderboxes and it may be time to renew a dialogue amongst members as to how to proceed. The issue of thunderboxes and signage to their location while somewhat contentious with some members, nonetheless can focus this most common of human activities to a location that is both aesthetically pleasing and where environmental effects are minimized. Expect to hear more about this in the coming year.

With a winter like the one we’ve just had, can this year’s kayak season be far off? Although that brings many things to mind including trips on the Bay, please when, later on this year, you see the notice for the Cleanup Weekend, give some thought to coming out and lending a hand. Conditions on the Bay are still quite inviting and you might even get some use out of that down bag that is always too warm at other times. And hey, if you are pressed for time and cannot make it over to the island Friday before darkness, this year’s group can provide recommendations for how to sleep in your car or alternatively how to travel after dark using a flashlight; but I will leave it to you to get the details.

GLSKA Waiver

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the "Release Agreement") BY ACCEPTING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE OR BREACH OF CONTRACT OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

DEFINITION

In this Release Agreement, the term Sea Kayaking Activities shall include but is not limited to: all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall including moving water, still water, lake and ocean kayaking; loan or rental of kayaks (hereinafter "the boats") and other equipment; orientational and instructional courses, seminars and sessions; all travel, transportation, and accommodation; food, beverage including water supply, use of equipment, and multi-day camping or overnight stays in the outdoors.

In this Release Agreement, the term "Negligence" includes the failure by the Releasees to use such care as a reasonably prudent and careful guide, instructor, trip organizer or sea kayaking operator would use under similar circumstances, or breach of any other duty of care imposed by law.

ASSUMPTION OF RISKS

Participation in Sea Kayaking Activities involves various risks, dangers and hazards including the risk of serious injury, paralysis or death. Sea Kayaking Activities often take place in remote wilderness locations, where assistance, medical and first aid services and evacuation may not be readily available, and communication may be difficult or not possible. The risks, dangers and hazards that may be encountered include, but are not limited to: accidents which occur during transportation or travel to and from the departure point; slips and falls while getting into or out of the boats; overturning of the boats; loss of balance; impact or collision with objects; cold water immersion; repetitive strain injuries; dislocated shoulders; hypothermia; drowning; changing and inclement weather conditions including storms, high wind, high waves, and lightning; encounters with domestic or wild animals; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligence on the part of other participants; and NEGLIGENCE ON THE PART THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SEA KAYAKING ACTIVITIES.

Please refer to the GLSKA Risk Management Strategy section of their website for further information regarding the risks, dangers and hazards that may be encountered during Sea Kayaking Activities.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the "Release Agreement") BY ACCEPTING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE OR BREACH OF CONTRACT OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN SEA KAYAKING ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees allowing me to participate in Sea Kayaking Activities as defined in this Release Agreement, I hereby agree as follows:

  1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expenseor injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in Sea Kayaking Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SEA KAYAKING ACTIVITIES REFERRED TO ABOVE;
  1. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Sea Kayaking Activities;
  2. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
  3. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction; and
  4. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the courts of Ontario.

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Sea Kayaking Activities, other than what is set forth in this Release Agreement.

I CONFIRM THAT I HAVE READ THIS RELEASE AGREEMENT, AND I AM AWARE THAT BY ACCEPTING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.