Editing Good Samaritan law (section)

==Comparison with duty to rescue==
Good Samaritan laws may be confused with the duty to rescue, as described above. U.S. and Canadian approaches to this issue differ.  Under the common law, Good Samaritan laws provide a defense against torts arising from the attempted rescue. Such laws do not constitute a duty to rescue, such as exists in some civil law countries,<ref>{{cite journal |last=Higuchi |first=N. |title=[Good Samaritan Act and physicians' duty to rescue] |language=ja |journal=Nippon Hoshasen Gijutsu Gakkai Zasshi |volume=64 |issue=3 |pages=382–4 |date=March 2008 |pmid=18434681 |doi=10.6009/jjrt.64.382}}</ref> and in the common law under certain circumstances. However, the duty to rescue where it exists may itself imply a shield from liability; for example, under the [[German law]] of ''[[Duty to rescue#Germany|Unterlassene Hilfeleistung]]'' (an offense not to provide first aid when necessary), a citizen is obliged to provide first aid when necessary and is immune from prosecution if assistance given in good faith turns out to be harmful. In Canada, all provinces with the exception of Quebec operate on the basis of [[English Common Law]].  Quebec operates a civil law system, based in part on the [[Napoleonic Code]], and the principle of duty to rescue does apply.<ref>{{cite web|url=https://educaloi.qc.ca/en/capsules/helping-someone-in-danger-good-samaritan-laws/|title=Helping Someone in Danger: Good Samaritan Laws|access-date=2020-12-31}}</ref> Similarly, in France anyone who fails to render assistance to a person in danger will be found liable before French courts (civil and criminal liability). The penalty for this offence in criminal courts is imprisonment and a fine (under article 223–6 of the Criminal Code) while in civil courts judges will order payment of pecuniary compensation to the victims.<ref>{{cite journal |author=Audrey Laur |title=Liabilities of Doctors on Aircraft |journal=Medico-Legal Journal |date=March 2013 |volume=81 |issue=Pt 1 |pages=31–35|doi=10.1177/0025817213475386 |pmid=23492892 |s2cid=7890965 }}</ref>

To illustrate a variation in the concept of duty to rescue, in the Canadian province of Ontario, the Occupational Health and Safety Act provides all workers with the right to refuse to perform unsafe work.  There are, however, specific exceptions to this right.  When the "life, health or safety of another person is at risk", then specific groups, including "police officers, firefighters, or employees of a hospital, clinic or other type of medical worker (including EMS)" are specifically excluded from the right to refuse unsafe work.<ref>{{cite web|url=http://www.search.e-laws.gov.on.ca/en/isysquery/1b20e47b-33e4-49e7-a525-b268f053d236/4/frame/?search=browseStatutes&context=|title=Occupational Health and Safety Act, R.S.O. (1990) (Ontario E-laws website)|access-date=2008-10-10}}</ref>