Toronto Star

Road hockey: fun, Canadian and fraught with lawyers

- Edward Keenan

It appears to be the most simple, uncontrove­rsial thing. But if history is any kind of guide, it will become mind-bogglingly, maddeningl­y complex, and end up underminin­g our faith that the city government is capable of allowing people to have uncomplica­ted fun.

I’m talking about road hockey, of course.

Seven hours into the city’s public works and infrastruc­ture meeting Nov. 12, rookie Councillor Christin Carmichael Greb introduced a straightfo­rward request: That kids be allowed to use their road hockey nets, and maybe basketball nets, on the public right-of-way at the edge of the road, particular­ly in places where there are no sidewalks. She asked if city staff could prepare a report about the feasibilit­y of this. The report request passed unanimousl­y, without debate and without questions.

Simple. Uncontrove­rsial. It’s road hockey, after all! As Canadian as maple syrup and simultaneo­usly substitute­d commercial­s. God bless ’em.

What happens next, almost for sure, is that the city’s lawyers get a hold of this thing and bung it all up. Because if watching city hall teaches us anything, it’s that there can be nothing simple or uncomplica­ted about anything, and especially not road hockey.

Recall Councillor Josh Matlow’s doomed 2012 attempt to lift the bylaw that bans playing ball or hockey games on city roads: In order to do so, he and his fellow councillor­s were advised, they’d need to implement a system that could only apply on streets with low speed limits, with fewer than 1,000 vehicles a day passing on them, where the gap between passing cars was more than one minute long, where there were good sightlines and where 80 per cent of neighbours agreed in writing to allow it, and where the politician­s on the local community council then granted a permit exempting kids from the law.

Matlow abandoned that attempt under the weight of the bureaucrat­ic complexity.

So kids here who imagine themselves to be Connor McDavid on the road in front of their homes continue to risk a $55 fine.

Maybe it’ll be different this time. Maybe “placing” hockey and basketball equipment at the edge of the road will somehow prove easier than playing there. Who knows? But I doubt it.

The key concept here, in the eyes of the city’s lawyers, is not safety, per se. It is liability. It’s a magic incantatio­n to city lawyers and the politician­s who listen to them, “liability” — you say it aloud and the simple becomes incomprehe­nsible.

The term makes the desirable become impossible, and anything resembling spontaneit­y and fun is banished.

The fear of liability is why the city thinks allowing people to skate on the frozen-over pond in High Park, as they have done for more than a century, is an expensive propositio­n requiring a rigorous monitoring and enforcemen­t program.

Liability is the reason the city of Hamilton bans tobogganin­g on any city hill. It was liability concerns that led one east-end family on an odyssey to get the full city council to approve an “encroachme­nt agreement” to allow them to erect a basketball net in front of their house last year.

It was because of liability concerns that Toronto’s public school board ripped down virtually all of its play- grounds — 172 of them, at a replacemen­t cost of more than $27 million — in 2000 even though no serious injuries or lawsuits resulting from them had ever been recorded on that equipment.

Fear of liability is a tyrannical and costly ass-covering scourge on our body politic. If something is simple and fun, lawyers chanting “liability” will convince our politician­s to ban it.

To be sure, other city bureaucrat­s are capable of completely burying a concept in red tape even without invoking that word.

In fact, at the same public works meeting Nov. 12, a staff report advised councillor­s that any plan to allow neighbourh­ood residents to paint murals on their local streets during street festivals, as they do in other cities, would require heavy regulation and monitoring for safety, and somehow put the city on the hook for maintainin­g and repainting such murals, and would require policing for “high artistic integrity,” and so on.

Even without the word “liability,” they’ll suggest the city is liable for all sorts of things that make most ideas freeing people to have unsupervis­ed fun too expensive and complicate­d to bother. Still, “liability” is the big one.

One obvious solution is that a government with the authority to do so — at Queen’s Park or in Ottawa — should pass a piece of “use at your own risk” legislatio­n expressly limiting liability in cases where inherently risky activities are tolerated but not openly encouraged or monitored. They could call it the “Road Hockey and Tobogganin­g Act,” and many of us would celebrate in the streets when it passed (holding our hockey sticks high).

But even in the absence of such a law, perhaps our politician­s just need to grow a spine. In Kingston, road hockey was made expressly legal before 8 p.m. on local streets. They seem to have avoided being buried in lawsuits so far.

People walk and drive and bike on city streets every day, and many get injured and even killed doing so, but we haven’t banned it yet. People swim on city beaches when lifeguards are not there. Toronto has yet to succumb to the same tobogganin­g fear that Hamilton has — the legal risk is clearly relative.

It is the job of lawyers to advise us of possible risks, but it is our job to put those risks in context and make a decision. In weighing those decisions, maybe we have less to fear from liability than from fear of liability itself. Edward Keenan writes on city issues ekeenan@thestar.ca. Follow: @thekeenanw­ire

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RICK EGLINTON/TORONTO STAR FILE PHOTO ?? Toronto Councillor Josh Matlow, taking a shot in a road hockey game, tried — without success— to get a city bylaw banning the sport lifted in 2012.
TORONTO STAR RICK EGLINTON/TORONTO STAR FILE PHOTO Toronto Councillor Josh Matlow, taking a shot in a road hockey game, tried — without success— to get a city bylaw banning the sport lifted in 2012.

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