SOMBA K'E/YELLOWKNIFE
The mother of a Yellowknife teen who died after falling from his skateboard and striking his head last year hopes to have better luck convincing city council to enact a new helmet bylaw after previous attempts over the last decade failed.
Jackie Hardy, mother of 18-year-old Josh Hardy, who suffered a fatal head injury in a skateboarding accident last year, holds a picture of her son. Hardy is planning to appear before city council later this month and ask that they draft a bike helmet bylaw. - Simon Whitehouse/NNSL photo
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Josh Hardy, 18, fractured his skull on July 23, 2012 when he lost control of his longboard – a type of skateboard typically used for cruising or downhill racing – while riding on the McMahon Frame Lake Trail. He was medevaced to an Edmonton hospital where he lingered in a coma for four days before succumbing to his injuries.
The City of Yellowknife requires snowmobilers to wear helmets while riding within city limits but not cyclists, rollerbladers or skateboarders. Proponents of a helmet bylaw have tried twice before to get council to approve one but council balked both times, citing, among other concerns, that a new helmet bylaw would dissuade youth from riding their bicycles.
Nonetheless, Jackie Hardy said she and her husband Ed would like to see a new bylaw in place before the summer begins.
“We are hoping under the circumstances with my son, that it is enough where (council) will think that something should be done,” she said.
“I think the biggest issue is how they are going to enforce it, but I just want to get it passed and then have them worry about enforcing it.”
Hardy is planning to make her case to council Feb. 25. Asked if she anticipating similar counter-arguments that defeated previous bylaw attempts, Hardy said she was prepared.
“In my opinion, if it is your right to not wear a helmet, is it your right to expect your family and friends to mourn you when you die?” Hardy said. “That is my argument right back. I don't want another parent to go through what we went through.”
The issue has been brought before council twice in the last decade – in 2002 and 2007. One of the city councillors who voted against the bylaw last time is now Mayor Mark Heyck.
“I had a lot of concerns at the time about the enforcement of the bylaw and whether it would apply only to people under 18 and everyone,” he said, pointing out there are many people advocating and opposing a new helmet bylaw. “There are certainly some challenges with a bylaw like that but I remain open to hearing from residents.”
Heyck said traditionally, the city has encouraged cyclists and other riders to wear helmets, while pointing to the annual bike rodeo where municipal enforcement officers give out free bike helmets. The culture of bike riding has changed from when he was a child, said Heyck, when kids didn't wear helmets as often. Since then, many riders now wear helmets, he said.
“When this came forward in 2007, my thinking at the time was let's not regulate something that is happening anyway,” he said. “But I'm always open to the case that residents want to make on both sides of the issue.”
Coun. Cory Vanthuyne was among those on council advocating for a helmet bylaw during strategic planning sessions last month, and said council should follow suit even if there are enforcement problems.
“In today's day and age where we have a lot more insight and a lot more openness around head injuries and the effects head injuries have, we need to give full consideration to implementing a helmet bylaw and protecting the public's interest, in particular our youth and children,” he said, adding it should apply to not only cyclists, but motorized scooters and rollerblades.
Coun. Bob Brooks voted for the proposed bylaw in 2007, but said he would ideally like to see the city more actively provide incentives, rather than focus on punishments.
“I'm talking about a designated campaign where on a daily or weekly basis we try to make this happen,” he said.
“With the bike rodeo (handing out helmets) happens once a year. When dealing with kids, there needs to be parental buy-in and very constant reinforcement.”
Brooks said it is only natural for council to be facing pressure since Josh Hardy's death.
“I think that is the case in any kind major accident,” he said. “Things you sort of talked about come to a head and people say, 'OK, enough is enough.'
“People don't understand the true significance of an issue until it comes to their back door. So I think events like that have a huge bearing on whether things go ahead.”
