DCBC again has some reading comprehension issues, sigh.
For example, he talks about D.C. Courts -- why? What relevance does that have to anything? For the record, I have no idea if there are some local rules for the D.C. Courts related to referencing international legal opinions. My guess is that, as in most U.S. jurisdictions, liability law is so settled that referring to opinions from outside of the U.S. would be extremely rare.
Let's see, what other reading comprehension issues are there -- oh yes, DCBC asked a "straw man" question regarding the prohibition by agencies of teaching buddy breathing at the open water level. Even a cursory reading of my post shows I was not discussing "prohibition" of the teaching of buddy breathing but that NAUI no longer required it to be taught (as PADI had done some years ago).
"I understand has now been taken out of the minimum NAUI standards...." DCBC seems to concur that BB is now OUT of the "minimum NAUI standards" ("There are many things not in the NAUI Minimum Standards that a NAUI Instructor is encouraged to do"). So, I'll stand by my opinion that IF there was a training accident while a North American NAUI instructor was teaching BB, the instructor in would be hard pressed to support teaching the skill since the two largest agencies (at least I think NAUI and PADI are the two largest in N.A. -- perhaps SSI too?) no longer require it to be taught.
DCBC may be "confident" that a jury (or judge if hearing the case solo) would find the teaching of BB "reasonable" but who knows -- the trier of fact may, just may, decide to the contrary -- especially since NAUI and PADI made official decision NOT to require that skill to be taught. (And remember, this would ONLY be an issue if there was an accident while, or as a result, of the skill being taught.)
In support of his (ludicrous?) campaign against the PADI "swimming" standard, DCBC makes the following statement:
People who are strong swimmers generally don't have the same fear of water/drowning as a non-swimmer (or someone who requires a swimming aid to maintain life).
OK, DCBC, do you have any evidence to back up this statement? Do you have any studies (even one that YOU might have done) that shows (or even hints) that someone who can swim 200 yards (or even 300 yards) in a pool wearing just a swim suit (not even goggles) "[won't] have the same fear of water/drowning as" someone who has swum 300 yards in a pool while using mask, fins and snorkel without stopping and without raising her head from the water? Without some evidence in support of your contention, why should anyone accept it?
Last response to another one of DCBC's ludicrous statements:
Litigation in many jurisdictions requires a Judge to hear the case Peter....BTW you haven't explained how writing your Bar exam assists you in reading the Judge's mind...
DCBC, unlike you, I have not held myself out to be an expert on the legal niceties of many jurisdictions. It is true that many jurisdictions do not use the jury system, OTOH, most common law jurisdictions DO use the jury system. As Canada and the USA are common law countries, the jury system is the dominant one in those two countries.
Lastly, as a practicing attorney I seldom really cared about what was on a judge's mind except as to whether the judge would follow the law of the jurisdiction. A good judge doesn't "think" about cases EXCEPT as to what the law might be related to the facts as presented and it is silly to try to be a mind reader.
As to what relevance going to Law School and taking the Bar Exam have to that question, well, the three years of Law School are really designed to teach the student how to "think like an attorney" and the Bar Exam is designed to test how well one has learned those lessons. IF one can pass the Bar Exam (at least the one I took 40 years ago -- my God, it really has been 40 years!) then one has shown that one understands how judges are supposed to view cases which, in fact, I guess, does give the lawyer an insight into a "judge's mind" that the lay person can never, ever, have. And that, DCBC, is why what non-lawyers write about the legal system tends to be wrong and often incorrect.
OK -- for real -- honestly, I'm out of this thread.
OP -- Yes, a PADI instructor CAN teach in a "DIR Manner" -- that is, can teach his students to be competent, thinking divers with a reasonable sense of situational awareness.