What the heck is going on in High Park?


In recent weeks, tension has been mounting between Toronto cyclists, cycling advocacy groups, the Toronto Police, and Toronto Mayor John Tory. 

It all began when police began enforcing a posted 20 km/h speed limit in High Park by issuing tickets to cyclists. While some concerned residents applaud this move (and express their support on social media), many people feel that cyclists are being unfairly targeted. And the tensions have only intensified since the issue came before the social media jury a few weeks back.

On a call with STOREYS, says Toronto lawyer David Shellnut (AKA “The Biking Lawyer”) alleges that the Toronto police have been responsible for recent violence, harassment, and a collision in High Park. And they’ve faced zero repercussions, he says. 

“What the cycling community is most upset about is that -- in the course of an alleged ‘road safety campaign’ in the park -- the only accident that we know about has been caused by a Toronto Police officer,” says Shellnut. “He was handing out tickets to cyclists for failure to stop at a stop sign earlier that very day on August 2 and he failed to do the thing he was ticketing for, hit somebody and wasn’t ticketed. He was in a huge SUV and failed to yield the right of way and turned right as the cyclist proceeded straight at a stop.”

Equally as alarming, Shellnut says a woman was forcibly tossed from her bike by an undercover police officer the day prior on August 1. 

“We had a woman chased down in the bike lane outside of the park; she was grabbed from her bike and tossed to the ground,” says Shellnut. “This was confirmed by multiple community members who saw a photo of the individual whose photo we posted and know them to be an off-duty police officer. This person was not charged.” 

Highpark

Shellnut also alleges that, a few days prior, unmarked police officers were harassing racialized cyclists in the park and threatening them with tickets. “On the 26th of July, a racialized cyclist was ticketed for trespassing and threatened with speeding,” says Shellnut. “They were cycling in a bike lane when they commented to the police officer that he was parked in a bike lane; that upset the police officer, who then sped up in his SUV, cut off the cyclist, and ticketed them. We’re going to file a police complaint because we think that’s an abuse of authority.” 

And that’s not the only police complaint waiting to be filed. Shellnut says he is also going to help the woman who was tossed from her bike follow suit, with a complaint about the officer in question. 

So, what’s the deal with all the drama in High Park? And why has it come to a head this summer in particular? 

“Last year, they were ticketing people as well. And last year we asked non-police solutions of the City to legitimate community concerns in the park,” says Shellnut. “Instead of dealing with conflict between park users with infrastructure, awareness campaigns, or safety volunteers, again we get police. And for some reason the police have ratcheted it up this year in terms of at least their bravado.” 

Perhaps there’s more cyclists in the park this year because ActiveTO -- a pandemic-inspired program that closed city streets to allow for cycling -- was cancelled this year, suggests Shellnut.

With the issue now boiling at the surface, Shellnut is hosting a rally in High Park at 6 p.m. this evening to advocate for safe streets and to end police harassment. 

“We want immediate changes to the High Park infrastructure to reduce conflict; we want investigations into police behaviour in the park this summer; and we want to refocus traffic enforcement on areas of known collisions and serious injury in the city,” says Shellnut. “We want to know why this morning two SUVs pulled over and ticketed a cyclist in High Park when three pedestrians were seriously injured yesterday before 10 a.m. It doesn’t make sense to us.”

Apparently, it doesn’t make sense to a lot of people. Journalist James McLeod even hit High Park with his own speed radar -- and aptly documented his findings on Twitter. "Literally, the first car was going double the speed limit," reads a subsequent Tweet. "John Tory says cars should obey the law. Where are the police?"

He goes on to highlight a slew of other vehicles that were travelling above the 20km/hour speed limit -- including a church bus.

Yesterday, local advocacy group Cycle Toronto met with Mayor Tory to discuss ways tensions can be alleviated in High Park and to discuss evidence-based policy and design solutions.

Cycle Toronto proposed the following interventions that could be piloted in 2022 as part of the ongoing High Park Movement Strategy that will reduce conflict and make best use of the car-free pilot in the park:

  • Reimagining the road space to create designated lanes for multiple forms of active transportation traveling at different speeds including a “fast lane” for people using the roads for recreational cycling and training.
  • Create off peak times during car-free hours specifically for people on bikes to ride and train at speed, with a posted code of conduct, while still sharing the park with other users. Designate these pathways with off-peak times for explicit use.
  • Support the Bicycle Yield-As-Stop Law (Idaho/Rolling Stop), which treats stop signs as yield signs but maintains right of way for other road users at intersections, and an ask to Transportation Minister Caroline Mulroney for a Bicycle Yield-As-Stop change in the provincial Highway Traffic Act.
  • Using our StreetSmartsTO partnership with the City, provide education and cycling ambassador supports in the park to educate people and other organizations about these interventions, in place of police enforcement.

"The Mayor expressed willingness to consider implementing quick-win solutions in the park before the end of 2022, he also expressed consideration of a car-free pilot seven days a week," reads a press release issued by Cycle Toronto. "The frank and open discussion demonstrates the Mayor’s commitment to Vision Zero principles and an eagerness to move toward innovative solutions for road users through policy and design."

But Shellnut doesn’t shy away for calling out Mayor Tory for his vocal support of the Toronto police. “We highlighted the assault and the collision, and the mayor reiterated his support for the police in High Park in his statement,” says Shellnut. “There was no mention of this really egregious behaviour or the fact that the police weren’t ticketed for things equally as dangerous or more so that the cyclists were ticketed for. They dodge the issue that a woman was assaulted. It’s frustrating.”

The mayor’s lengthy statement released yesterday on the issue stresses that he wants everyone in High Park to be safe. 

“I am working to ensure this ongoing discussion can focus thoughtfully on how we can achieve safety for everyone -- including cyclists -- and I welcomed Cycle Toronto's request for a meeting. I have also encouraged them to meet with City staff undertaking the High Park movement strategy and with Toronto Police directly who are responsible for traffic enforcement,” it reads, in part. 

“In our discussion today, I made it clear that I am open to innovative solutions to help all park users better enjoy the park and respect each other. We discussed specific ways in which the City can work with Cycle Toronto to help increase public education efforts in the short-term and in the longer-term as part of the High Park movement strategy. I want everyone to be safe in High Park and everywhere else in the city. That includes pedestrians, seniors, families, cyclists, TTC riders, motorists -- everybody,” it continues. 

Tory stresses that cars aren’t immune to rules of the road. 

“Is there a greater onus on car drivers to respect the law? Absolutely. I've also been clear that given the death and destruction that someone behind the wheel of a motor vehicle can cause, drivers must obey the law on our roads and we have worked non-stop to increase police enforcement and deploy automated speed enforcement cameras and ramp up other enforcement tools including red-light cameras,” says Tory. 

“But that doesn't absolve others from obeying the law. It does mean the vast majority of traffic enforcement is on vehicle drivers. Toronto Police have confirmed that is the case, the vast majority of traffic enforcement is on drivers and making sure they obey the rules of the road.

I hope Toronto Police will make public the extremely small number of tickets issued to cyclists or for cyclist-related offences in the High Park area. I believe it will help put this entire conversation in context. I support the work police are doing, exercising their own discretion in response to community complaints.”

To be fair, the Mayor or any other elected official doesn't direct police enforcement. So, what do the Toronto police have to say about the whole thing?

“We can confirm that police attended the High Park Avenue and Bloor Street area on August 1 at approximately 5 p.m. for an unknown trouble call,” said a spokesperson for the Toronto Police in an email with STOREYS. “The incident was investigated and there were no injuries reported and no charges laid.”

The police also addressed the collision. 

“We can also confirm that on August 2, 2022, at approximately 6:30 p.m., a minor collision took place between a police vehicle and a cyclist at the intersection of Colborne Lodge Drive and Centre Road in the High Park area,” said a spokesperson for the Toronto Police in an email to STOREYS. “There were no injuries reported. Traffic Services is continuing their investigation.”

The Toronto Police have also released their own official statement.

"While we will always prioritize traffic safety, including cyclists’ safety, the Service is not engaged in an enforcement blitz specifically targeting cyclists," the statement reads, in part. "Our focus has largely been on public safety, education, and cautions to both cyclists and motorists. That said, we take community complaints seriously and where officers see cycling behaviour that risks public safety, they have the discretion to lay charges and have done so, when necessary."

Clearly, tensions remain high between all parties involved. Here's to hoping for a quick resolution, so that the beloved park may once again become a place of refuge as opposed to conflict.

Toronto