Police, lawyer caution parents about their role in graduation parties

A Sydney, N.S., lawyer has advice for parents throwing parties for high school graduates.

Nicole LaFosse warns parents can be held liable if things get out of hand and someone gets hurt.

"If you're throwing a grad party, you're serving alcohol, you're aware that alcohol is being served, you have an obligation to do whatever you can to make sure that no one leaves your house and drives while intoxicated," said LaFosse.

LaFosse's comments echo a similar warning from the Cape Breton Regional Police following the death of a 17-year-old boy last weekend.

Joneil Hanna of North Sydney was struck by a motor vehicle early Sunday morning on Highway 223, near Leitches Creek. He had been attending a large outdoor graduation party on private property.

Police confirm they responded to several complaints about the party and laid several liquor-related charges.

The driver of the vehicle that struck Hanna has not been charged.

However, police say it's prudent to remind parents of the legal risks associated with hosting a gathering where alcohol is served just as graduation party season hits its peak.

"Anyone who opens up their property to a large group who are consuming alcohol do bear some liability in relation to when that person leaves that property," said Staff Sgt. Bill Turner of the Cape Breton Regional Police Service, "I think a lot of people don't realize that."

Duty of care

LaFosse said a Supreme Court of Canada ruling from 2006 defined "host liability" to mean that hosts owe a "duty of care" to their guests, as well as unknown third-party guests, who could be injured by those leaving a party.

She said that responsibility comes into play when hosts know, or should know, that they have an intoxicated guest who might injure someone after they leave.

She said the courts recognize that "duty of care" is even more pronounced when a "paternalistic" or "supervisory" relationship is established. That could be when those at the party are under the legal age for consuming alcohol.

She said two underage party-goers drove off intoxicated and suffered injuries. She said the parents tried to have the case dismissed on the basis that they didn't have "duty of care" but the court ruled the case could not be rejected on that basis.

She said the case never went to trial and she suspects it was settled out of court.