CBE liability for unsafe school design: assessing judicial CPTED precedent and developing a systematic test for OLA adjudication

Viewed through the lens of contemporary criminology, this thesis examines judicial precedent via case studies and content analysis employing Crime Prevention Through Environmental Design (CPTED) principles to aid in adjudicating Occupiers’ Liability Act (OLA) cases. Specifically, this thesis aimed to develop a systematic test, grounded in court rulings, that could advance the legal interpretation and application of CPTED and identify potential areas of liability for occupants. Namely, an evaluation and comparison of the current security posture of the Calgary Board of Education (CBE) and its potential liability exhibited through CPTED practice within the context of the OLA. The results of this thesis, by synthesizing precedent and displaying sensitivity to contextual contingencies, informed our developed systematic test: CPTED and OLA Security Assessment Framework (COSAF). Developing a systematic test provides consistency for the informant and adjudication among future relevant cases. Additional results provide suggestions for security improvements and areas of liability fostered by the CBE environment. Ultimately, this thesis highlights the necessity for occupiers to consider their CPTED practices on-premises to ensure a common duty of care to all visitors depicted by the OLA. Although this thesis answers the initial research question, fulfilling its purpose, the results display the drastic variance that OLA decisions involving CPTED practices can have due to contextual differences between each individual case. Future research suggestions argue a need for a more succinct and generally applicable depiction of CPTED theory.