?nd;
ITEM '37

OF THE ATTORNEY GENERAL one PM no. lug/4.305

YOUR FILE NO.

Date
August 25, 1955c

In considering this matter wherein seven American boys
between the ages of twelve and seventeen lost their lives on Temple
Mountain on July 11th, 1955, it is noted, at the outset that the
only available material at the moment is a transcript of: the
inquest proceedings containing the evidence of the survivors and
the two camp leaders. As yet there is no transcript containing
the evidence of the rescue party or any of the Park officials.

On July 11th, 1955, sixteen boys under the leadership
of the Assistant Gamp Leader, H. H. User, started out at 9:00 LM.
to climb Temple Mountain in Banff, Alberta, from their camp at
Moraine Lake. After gaining the 8500 foot level V. H. Oser, the
leader of the group, dropped out and permitted the sixteen boys
to continue alone. His only advice to than apparently was to be
guided by their good judgment. User is not an experienced mountain
climber.

The boys continued on and eventually achieved the 10, 000
foot level on the mountain at which time these were only eleven
of them remaining, five having dropped out previously.

The organizer and leader of this whole endeavour one,
0. D. Dickerson of Philadelphia, U.S.A. was not present on the
climb at all.

The equipment of the climbers was reasonably sufficient,
but none of them were experienced climbers, nor were they familiar
with the locality, nor had any careful efforts been made to ascertain

the difficulties of this particular climb.

 

 

Inn'u 9- ?upThe eleven. climbers that reached the 10,000 foot level
experienced [no difficulty in the climb, but during the last 500
feet of their ascent it was noticed that snow conditions were
deteriorating and that there were other small avalanches on the
surrounding mountains. At 10,000 feet the boys realized the danger
and decided to turn back. They had'conmenced to descend and were
crossing an open face on the mountain and 1were all roped together

at approximately five foot intervals when an avalanche of con-

siderable proportions came. from above and caught them broadside.
0f the eleven climbers it' would appear that three were killed
outright, four died as a result of possibly a combination of
injuries, shock and emposare before they could be rescued, and
four survived. -

I talked to Mr. H. M. Cantor, Provincial chief Coroner,
concerning this unfortunate accident and also with regard to the
evidence given at the inquest which is not presently available
for consideration. From the evidence thich is available and
from my conversation with Dr. Center, I have concluded that this
accident very likely came about as a result of poor planning and
preparation, poor judgment and inexperience. Under the circum-
stances it is very difficult to see how criminal negligence could
be attached to anyone concerned, although it would appear that,.
in all likelihood, there would be civil negligence apparent. I.
do not think any further action should be taken by this Department
concerning this matter.

J. if. Anderson,
Solicitor.