Book Review: Every Cyclist’s Guide to Canadian Law

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Every Cyclist’s Guide to Canadian Law. By Christopher Waters. 2nd ed. Toronto: Irwin Law, 2022. xiv, 231 p. Includes table of legislation, table of abbreviations, endnotes, and index. ISBN 9781552216453 (softcover) $35.00; ISBN 9781552216460 (PDF) $35.00. <irwinlaw.com>.

Reviewed by Yolanda Koscielski
Librarian for Criminology, Philosophy & Psychology
Simon Fraser University

As a long-time recreational and occasional commuter cyclist, I was both keen and reluctant to review this book. Would learning the rights and responsibilities of cyclists and drivers simply increase my frustration with non-conforming road users, including our lack of shared knowledge about the law? Or would I feel more confident being able to recite with precision all the fine print in a time of need?

Rather than the prescriptive etiquette book I was anticipating, Waters’s text clearly outlines key issues and debates in cycling law while maintaining a charitable tone for all perspectives. In fact, the author encourages the reader to understand the law well enough to decide if and when to break it. He covers hot topics such as “mode rage”: human-powered cycles sharing the road with electric bikes and other hybrid devices (what is a bike?). He discusses the rule on hard stops at traffic lights and considers if the alternative bicycle-friendly “Idaho stop” (a rolling slow down) really makes the road safer for everyone. On the topic of safety, the author questions if legally required helmets act more as a barrier to participation, introducing over-policing and interfering with bodily autonomy.

This second edition builds upon the work of first edition authors Craig Forcese and Nicole LaViolette. The guide is accessible to those without legal training but is also sufficiently rigorous and well-researched to provide support to readers with cycling responsibilities (e.g., cycling club directors). Waters provides a survey of the current state of cycling law in Canada, law that is derived from a patchwork of federal, provincial, territorial, and municipal sources. Notably, the book highlights the many discrepancies between provinces and territories. For instance, what is illegal in one province (e.g., passing cars on the right at a stop in British Columbia) may be encouraged in another (Nova Scotia).

Chapter 3 on bicycle crashes covers the scope of criminal law and tort law, municipal responsibilities, remedies, statutes of limitation, as well as driver and government negligence. Waters draws upon illustrative cases to animate the topic. In one example, he notes that forcing a bike off the road (even without contact) and leaving the scene may be considered a criminal offence. At the same time, he highlights the often-contrasting leniency of the law for drivers who inadvertently harm cyclists.

Chapter 4 explores safety standards, warranties, and liability. Practical tips are provided, such as “seek the advice of knowledgeable staff at reputable bike stores in making your purchase, both because that’s wise and to trigger implied warranties” (p. 109). Chapter 5 outlines options if a bike is stolen. In general, police place little priority on investigating bike thefts, owing to negligible bike registration, theft reporting, and recovery. One may make a citizen’s arrest in the middle of a theft, but a civilian sting operation to recover a stolen bike is out of bounds. The author provides useful information on when bikes are most often lost or stolen, empowering the reader to take a more preventative approach.

Chapters 6 and 7 shift from individual to group issues, covering bicycle clubs and races. In Chapter 6, Waters outlines the basics of incorporating a bicycle club, including initial filings, the duties and qualifications of directors, privacy and human rights issues, hiring coaches, as well as the nuances of waivers, negligence, and insurance. Waters acknowledges the onerous legal complexities facing prospective cycling organizations but hopes this will not deter their formation. Lastly, Chapter 7 covers the role of numerous international, national, and provincial bicycling associations in professional bicycle racing, particularly with respect to their influence in establishing bicycling regulations. One benefit of mostly privatized regulation is the centering of athletes/experts in decision-making roles.

Using humour and illustrative examples throughout, Waters’s guide makes a valuable contribution to the field of cycling law. The content is well-organized into discrete topics with ample use of headings, subheadings, and highlighted “chapter takeaways.” Each chapter is extensively footnoted, including many references to case law and legislation. This book is recommended for all academic libraries as well as law libraries that want a primer on bicycle law in their collection.