The ARChive

ARChive: Diary of ARC Happenings
Toronto cyclists standing together.
legal defence, direct action, lobbying, education

The ARChive is no longer maintained, and entries stop at January 2000. But this doesn't mean that ARC has been inactive. The ARChive function has been replaced by the ARCannounce email archive, which contains "back issues" of our email news service.

January 00

PARKING METER REMOVAL The big news for Toronto cyclists this month was the parking meter removal problem. Many cyclists heeded ARC's call to send letters to councillors and that really helped "stir the pot" at City Hall. ARC members also attended the monthly cycling committee and spoke on the issue. The cycling committee passed a motion asking that no meters be removed until replacement parking is in place. Last week the Globe published an article by the Chair of the Parking Authority in which he expressed his desire to install and pay for replacement bike parking on a one-for-one basis. The matter is still not resolved, but hopefully we will have good news soon. Thanks to all those who wrote letters.
SPADINA The 0.9 metre edge stripe was painted on Spadina Avenue recently. This is part of the City's response to the death of James McMillan on that street in August of 1998. The painting revealed that there are some spots on the southbound side that narrow suddenly for no good reason. The street is going to undergo construction next summer for the installation of permanent TTC barriers, and at that time the lane markings may all have to be repainted. ARC will be urging the City to make the median lane 3.0 metres wide, which will make the edge stripe very close to bike lane width. Meanwhile, south of Queen St. nothing has been resolved.
HIGHWAY TRAFFIC ACT A working group is pushing ahead on implementing one of the changes recommended by the Toronto Regional Coroner in 1998, namely making needed changes to the HTA. This is a long term project, so if you are interested in cycling and the law, get in touch with us and pitch in.
ARC BIKE KITS We produced 1000 more copies of ARC's highly popular bike information kits. These are distributed for free, and are filled with useful information which as been collected and compiled by ARC over the years.

November 99

PARKING METER REMOVAL We put out a call for letters to City Council about the parking meter removal issue. The letters made three demands:

The city stop removing parking meter heads until substitute bike parking is provided.
That parking meter poles be re-used for bike parking.
That the costs for this process come out of the Parking Authority budget instead of the extremely small cycling budget.

Read ARC's letter to Mayor Lastman.

September 99

PARKING METER REMOVAL: We began to find out more from the City and the Parking Authority about the rationale and schedule for removing parking meters, and how cyclists can have input into maintaining bike parking.
SPADINA BIKE LANE/CYCLING COMMITTEE: There is controversy about a City Cycling Committee decision to "tighten the rules" about who can vote at subcommittee meetings, apparently to exclude members of the cyling community from voting. The TCCC also sent back to the Network Planning and Facilities subcommittee a recommendation about reviewing the Spadina Bike Lane proposal, because the last subcommittee meeting was "chaotic"--i.e., because ARC members were there and legitimately participated in the voting.

July 99

Bike Lanes started appearing on Spadina Ave. this month. This is a direct response to the campaign we launched following the death of a cyclist on Spadina just South of King in the summer of 1998.

June 99

Thurs. June 3: 5:30 PM to 6:30 PM: Parking Meter Party : Spadina at Queen This was our 4th annual! And possibly the best yet because of the couch, which was delivered by human power, of course.

This month ARC began to receive reports of police harassing cyclists on bike lanes, especially on the Beverly-St. George bike lane. Cyclists reported getting tickets for not putting their foot on the ground at a STOP sign. This bogus regulation was a handy fiction invented by the police. It does not appear in the Highway Traffic Act. ARC urged cyclists to fight all tickets in court, in response to targetting of bicycles by police. Incidentally, when ARC asked police officers about the issuing of tickets for not putting a foot down, they denied doing it.

May 99

Sat. May 29: 10 AM to 4 PM: Guaranteed Bike Lane Nearly 40 cyclists from ARC guaranteed a car free bike lane on College St. between Bathurst and Huron St. This is the worst spot in the downtown for parking infractions. Any cyclist in the area can confirm this. But there is no need to rely on vague impressions of lawlessness, because ARC is collecting data. See the results online.

April 99

During the City budgt process, ARC joined the fight for a properly funded transit system in Toronto. ARC organized an action at Yonge and Bloor which tied the proposed fare hike to degraded air quality resulting from increased car trips. (See event details including press release, photos and other materials)

April 28. ARC held a memorial for a cyclist killed on the first day of the TTC strike.

February 99

On Feb 25 ARC participated in a pedestrian memorial held by Feet on the Street, a pedestrian advocacy group. A participant wrote an account of the event. See press release.

December 98

7:30 AM, Dec. 9 finds ARC on Spadina Avenue serving up bagels, coffee, and snacks (PowerBars and Cliff Bars courtesy of Mountain Equipment Coop). The breakfast and information session promoted awareness of ARC's call for emergency bicycle lanes there.

On Dec 16 a candlelight vigil was held at the intersection of Pape Ave. and where a 66-year-old cyclist was killed by a van. See press release.

November 98

ARC was invited to participate in two panels at the Ontario Cycling Association Nov 98 conference in Hamilton. One panel was about Critical Mass and its place in mainstream cycle advocacy. The second panel was about the coroner's report and the recommended changes to the Highway Traffic Act.

September 98

September 1 ARC held a memorial for a 34-year-old man who was killed on August 25 while riding his bicycle on Spadina Avenue. ARC is now calling for the City to install bike lanes on Spadina, especially in the area in which the cyclist was killed.
September 12 ARC held a memorial for a 32-year-old cyclist who was killed while travelling with his wife on his bike on Lake Shore Blvd. W. near Royal York Rd. Police say a vehicle, travelling at the normal rate of speed, struck him from behind. ARC called for implementation of the coroner's recommendations in a press release.

August 98

August 5 ARC held memorials for two cyclists who were killed in suburban areas of Toronto with a day of each other. This presented a challenge, because of the distance involved. The locations which were involved are both more than an hour's ride from the downtown. A ceremony was held at City Hall downtown, while simultaneous memorials were held at the locations of the two deaths. One group of cyclists went to Etobicoke to mark the death of a 7-year-old boy, killed while crossing Martin Grove. Another group held a memorial in Scarborough at the site where a 71-year-old cyclist died on Midland Ave.

June 98

ARC participated in Bike Week by staging a mass ride in memory of cyclists who died in recent years on Toronto roads. The Requiem Critical Mass was planned for maximum visual effect. Black clothing was worn by participants, some of whom carried signs and banners. A participant wrote an account of the event.

May 98

ARC held a memorial for an elderly man killed by a vehicle which was being chased by police through his residential neighbourhood. ARC issued a press release identifying vehicle speed as a constant hazard to cyclists and pedestrians, and calling for street design which makes speeding impossible. ARC also called on the Advertising Standards Council to ban car advertisements which encourage speeding. This was the beginning of our campaign to encourage citizens to complain about dangerous car ads.

February 98

Our second annual fete for bike lovers at Bikes on Wheels Workers Co-op. 10 p.m. till cupid passes out... Valentine's Day Special: NO COVER Cheap beer 'n' eats. Proceeds to Advocacy for Respect for Cyclists' legal defense fund. Click the picture to see the flyer.

January 98

Justice Delayed: João dos Santos Rolo was acquitted of the last criminal charge against him for participation in a critical mass two summers ago. The three judges voted unanimously that the charge of obstructing police, of which he had been found guilty by two previous courts, was not justified. João thanks ARC for their support and his lawyer Peter Rosenthal who took on this case at no charge. João made a financial donation to the Black Action Defence Committee, the organization of Peter's choice, as a way to say thank you.

November 97

put together and distributed cycling survey to all megacity candidates--input results from faxes onto web site.
participated in Ontario Cycling Association conference--ARC was presented with Hilda Tiessen Award for cycling advocacy.
ARC collaborated with the Bank to paint a massive bike lane in front of City Hall. This was Toronto's contribution to a day of global demonstrations coinciding with the Kyoto Summit, a meeting of world government leaders to deal with (or avoid dealing with) global climate change. Media was invited via a press release.

October 97

ARC fundraising party: CRITICAL MASS(QUE) on Hallowe'en Night, Friday, October 31 This was the party announcement: Hallowe'en and Critical Mass on the very same day!

First, wear a costume and light your bike for the Critical Mass(que) Ride. It starts at 6 p.m. from Temperance Street at Yonge (between Richmond and Adelaide).
Then, from about 7 p.m. to the Witching Hour and beyond... the ride transforms itself into a Critical Mass(que) Party at Bikes On Wheels, 309 Augusta Avenue, (south of College) with spooky, spoke-y music, food, games, cheap beer and more! Costume prizes for Best Dressed Bike, Person Who Looks Most Like Their Bike and Best Lady Di(e).

September 97

ARC held a legal workshop to provide cyclists with clear and accurate information about what cyclists rights and responsibilities are, especially regarding damage and injury resulting from collisions with our gas-burning friends. We are still processing the recordings and notes from the workshop. The results will be posted here when they become available. In the meantime here is the announcement text for the workshop, which outlines the subjects covered by the presenting lawyers.

ARC Legal Workshop: What are our rights? What does no-fault insurance mean for cyclists? Can you sue for pain and suffering? Can you be sued?
Jewish Community Centre
750 Spadina Ave.
Wednesday Sept. 10
7:00 PM

These are some of the issues that will be raised:

No fault insurance--Many cyclists do not have a car and so have no car insurance. Given this, how does no-fault insurance affect cyclists? For example:
- what happens if a cyclist is hit by a car and injured, and the driver is at fault?
- what happens if a cyclist is hit by a car and injured, the driver is at fault but has no insurance?
- what happens if a cyclist causes an accident and injures someone or causes damage to a vehicle?
- what are the recent changes to no-fault insurance?
Class Action Suits--Has there ever been a case where a group of cyclists injured in a similar location have successfully sued a city or governing body for lack of bicycle facilities? If not, is this possible? Are there other areas in which cyclists could sue to highlight equity issues between motor vehicle drivers and cyclists, such as bikes subsidizing cars?
Insurance for cyclists --What are the options for cyclists who do not have car insurance and would like to purchase insurance? Are there limitations on liability for cyclists?
The right to claim for Statutory Accident Benefits and what these benefits include (income replacement, health care expenses and other pecuniary losses)
When can a cyclist sue the at-fault driver in tort for negligence:
- an explanation of the threshold that must be met to advance a claim for pain and suffering
- an explanation of what damages can be claimed and the deductible
- time limitations for advancing a claim

August 97

Saturday, August 9. ARC celebrates first anniversary on Ward's Island with a picnic. Various bicycle games were played all afternoon, not to mention a fair amount of lying around in the shade.
Shortly thereafter ARC held 2 memorials for cyclists killed within days of each other.
- The first was on Friday, Aug 15th @ 6 p.m. at Bloor & Dufferin for the 33 year old woman who was sideswiped by a dumptruck on Aug 9th.
- The second was on Monday Aug 18th @ 7 p.m. on Queen St. E. & Beech Ave. (near Victoria Park) for the 25 year old woman who was crushed under the rear wheels of a TTC bus on Aug 11th.
ARC met with coroner and other groups for a third time to continue discussion on possible recommendations for cycling safety.

July 97

Friday, July 18. 9:50 am. A 28 year-old cyclist was killed on University Ave. at Dundas St. by a driver who opened his door without looking. The driver received a ticket for $105.00 and 2 points. One week after his death, on Friday July 25, ARC organized a memorial for the cyclist. The monthly Critical Mass ride stopped at the site for two minutes of silence, bikes held aloft.

June 97

João Rolo's appeal of his summary conviction for Mischief and Obstruct Police was heard in Ontario District Court on University Ave. on Wednesday, June 11 at 10 am. The judge was initially unwilling to hear arguments from João's lawyer, Peter Rosenthal, claiming that the case was a straightforward one, and that he could. Eventually he was persuaded, however, and Mr. Rosenthal argued that the facts of the case did not support the original judge's finding of guilt. These are a few of his key arguments:

The charge read that João was preventing PC Chung from making an arrest. However PC Chung's own testimony was that Derek Birch was already in custody, locked in the police car, when he first arrived on the scene.
That João was not told at the time of his arrest that he was charged with anything. Instead he was told that the police could charge him with anything they liked.
Neither Chung nor any other police officers made any general attempt to clear Yonge St., either before or after the arrest of João. Therefore PC Chung's command to João to get off the street appeared arbitrary and discriminatory.

The judge decided to uphold João's conviction on the Obstruct Police charge, and to overturn the conviction on the Mischief charge. The judge took the opportunity to deliver an elaborate statement about what the police were thinking during the event, and what they were intending to do. Since none of this was in the original transcript of João's trial, it is unclear what his insights were based on. João is considering whether to appeal again, and ARC is still supporting him through the legal process.

May 97

The month was taken up with organizing public fun and games during Bike Week (the last week of May). This year ARC organized the ULTIMATE BIG GAME HUNT and the Parking Meter Party!

April 97

On April 11th, ARC members met with Metro Councillor Olivia Chow, Sergeant John Soffe, 51 Division Traffic Co-ordinator, Sergeant Peter Harmsen, 52 Division Traffic Response and Sergeant Hugh Smith, bike cop, to discuss ways to improve relations between cyclists and the police. ARC found out several things that are useful for all cyclists to know:

Cyclists are supposed to be allowed to report accidents at their nearest police station--they don't have to go to Collision Reporting Centres
Traffic Division investigates nearly all traffic accidents, and according to them they are adequately trained to handle the specifics pertaining to cyclists
1/6 of the officers in the Metro are trained specifically in cycling issues, this is supposedly the highest percentage in North America
There are forms at local police stations that anyone can fill out to take a driver to court. They have to let you fill out this form and pursue any case on your own if you want to. You will need to identify the driver absolutely (and witnesses also help).
The police are responsible for taking care of your bike if you have been in an accident or arrested
Police are supposed to show "professionalism" and treat each incident as if it had never happened before.

March 97

A joint Community Bicycle Network (CBN) & ARC event at Cinecycle on Saturday March 8th also fuelled cyclists' passions by showing an assortment of movies--all about bikes! Ted White, from San Francisco, the filmmaker who made the famed "Return of the Scorcher" (the use of the term "Critical Mass" in this film inspired San Francisco cyclists to change the name of their monthly rides from Commute Clot to Critical Mass, and the rest is history), was in town to show his collection of great bike flicks. Another notable film shown was "Velorution", an inspiring look at Cuba's bicycle revolution. Intersection purchased both films for their library so we don't have to wait for Ted to come back to town to see them again.
ARC held an inquiry into police treatment of cyclists on March 18th. ARC collected and documented stories from cyclists about their experiences with the police.
ARC and other groups again met with Regional Coroner to discuss his results of his study of all cyclists' injuries and deaths from 1986 to 1996. The group discussed what recommendations should be made to the police and other authoritative bodies.

February 97

ARC's second fundraiser, Critical Afterbash, on Feb. 14th, again raised approximately $500 for the legal defense fund. Thanks to everyone who helped make this event a success. The Ice Races on Ward's Island beforehand and the great tunes at the Critical Afterbash made the perfect Valentine's Day combo for bike lovers.

January 97

Derek's charges were brought before a court on Jan 15th and his lawyer made a motion to the judge to adjourn because there was an abuse of process by the crown. The judge agreed and the criminal charge of mischief was dropped. The crown asked for the maximum fine of $500 for the traffic offence, but Derek's lawyer negotiated it down to $200.

November 96

ARC members and other groups met with Regional Coroner to discuss how to improve safety for cyclists. The coroner agreed to conduct a study of all cyclists injuries and deaths since 1986
The charges João faced for his participation in the Critical Mass ride were brought before an Ontario judge on Nov 20th. João faced two criminal charges: Obstructing Police and Mischief. During the trial there were two conflicting versions of the events in question. The first version was contained in both the officer's notes and his written report of the arrest. This same version was corroborated by the testimony of three witnesses, and agreed with João's own account of events. The second version was that given by the same officer on the stand, under oath. When asked why his testimony on the stand contradicted his notes, the officer said that he "got confused". When asked why he did not correct this error in his report, the officer replied that he was "still confused". The presiding judge decided in favour of the courtroom testimony of the officer and found João guilty of both charges for "interfering with the human right to drive down Yonge St." João was given a conditional discharge, with 12 months probation and community work hours to fulfil. João is appealing the decision as he finds the incident "a serious attack on a citizen's liberty, freedom of expression, and right to drive the vehicle of their choice without harassment from the police or the justice system".
On Nov 30th ARC threw its first fundraiser, called Critical Bash, and raised close to $500 for the legal defense fund. Special thanks to everyone who made this a great party.
ARC was invited to participate in a session entitled "Bicycle Safety: By Design or Behaviour Modification?" at the Second Annual Ontario Cycling Association's (OCA) Ontario Bicycle Conference.

October 96

ARC held a memorial for a cyclist who died after being sideswiped on the Queensway. Cyclists gathered one week following the death, at the location where the cyclist was killed and took over two busy lanes of morning rush-hour traffic to hold a silent vigil. This was the 5th death of a Toronto cyclist in 1996 and the 5th vigil. The news covered the vigil and CFTO described ARC.
ARC organized the "endless crosswalk" during the Metro Days of Action. 20-30 people participated in timing the crossing of a pedestrian controlled intersection to ensure that there was always a pedestrian in the crosswalk. Occasionally cars were able to squeeze through, but mostly had to wait. This activity reversed the usual priorities of traffic and was enjoyed by all, with the exception of some drivers. Several passersby joined in with gusto.

August 96

A group of cyclists formed ARC after a two week span in July in Toronto in which two cyclists were killed by trucks and two cyclists were arrested on a Critical Mass ride. Since Critical Mass has no organizing body, a formative function of ARC was to help in the arrestees' defence. The group who formed ARC saw the need for a community of cyclists standing up for each other.

ARC's mandate includes

legal defense, support and advice for survivors of car-bike collisions, and for cyclists unfairly charged with traffic offenses
grassroots agitation directed at changing our society's dependence on the automobile
lobbying and education on issues of cyclists' rights

July 96

Three events this month led to the formation of ARC.

July 22 A young woman was killed by a truck while riding her bicycle at Queen St. and Bathurst. Cyclists organized a memorial for her to be held at the intersection one week later. A press release was issued which called for a coroner's inquest.
July 26 At the Critical Mass ride two cyclists were arrested. Cyclists who witnessed the events realized that the arrests were unjustified, and that a legal defense would have to be organized. They began to plan fundraising, and to publicize what had happened on the ride. It was this group which began to call itself ARC.
July 31 A 78-year-old woman was killed on Commissioner's Road at Cherry St., on one of the busiest cycling routes in Toronto. Preparations were again made to hold a memorial for her. The call for a coroner's inquest was renewed in a press release.

Main ARC page | ARChive | ARC Library

The keeper of this page is