Whitehorse Daily Star

Daughter left frustrated by fatal collision

After the Yukon Coroner’s Service released a report

By Amy Kenny on November 21, 2016

After the Yukon Coroner’s Service released a report on the death of Whitehorse resident Margaret Johnson, the city says it’s not responsible for clearing the section of sidewalk near where Johnson died.

The woman, who used a motorized wheelchair, was killed on Second Avenue last February.

She was travelling in the curb lane of Second Avenue between Strickland and Alexander streets when she was hit by a Ford Ranger pickup truck proceeding south.

The sidewalk along that section was clear of ice and snow. The sidewalk between Jarvis and Strickland Streets was not.

“She faced numerous challenges every time she had to go downtown in the winter,” Shannon Johnson, Margaret’s daughter, said in an email.

“Some responsibility for the accident falls on the City of Whitehorse to ensure that sidewalks and cutouts remain clear of snow for the users of wheelchairs.

“In turn, there is a responsibility on business owners as well to ensure the sidewalks are safe for everyone who uses them.”

Peter O’Blenes, the city’s director of operations, said city bylaw officers will remind business owners of their responsibility to clear sidewalks, but this process is driven by complaints from Yukoners.

He said he isn’t certain which business or businesses are responsible for the sidewalk where Johnson was killed.

He said he is also “not 100 per cent sure” if those businesses were reminded, after Margaret’s death, to keep sidewalks free of snow and ice.

Jessica Appolloni, the city’s manager of strategic communications, said the city has just launched a winter commuting safety campaign.

Ads will begin running soon, reminding drivers to watch for pedestrians and cyclists, and to stay within speed limits.

They also remind pedestrians and cyclists to dress in high-visibility clothing and to use lights and reflectors, and encourage residents to clear sidewalks of ice and snow.

According to section 22 of the city’s maintenance bylaw, “Every owner or occupier of property within the City shall remove snow or ice from the sidewalks and lane crossings bordering the property owned or occupied by him, or any portion of such lanes and sidewalks bordering on the property owned or occupied by him.”

The section goes on to say that, on the day after a snowfall, snow and ice must be removed from commercial premises sidewalks and lane crossings before 11 a.m., or immediately upon request by a city bylaw inspector.

The owners or occupiers of residential properties have 48 hours to comply following snowfall. They too must act immediately upon request from a city inspector.

O’Blenes said the city doesn’t get many calls from residents about uncleared snow and ice, though there are the occasional calls about bus shelters that have been blocked by business owners shovelling snow in front of them.

In these cases, he said, the city removes the snow and reminds the business owner not to block the shelter.

Shannon is still frustrated by the circumstances.

“People’s inattention to these issues contributed to the accident that took away a woman who was a devoted mother, grandmother and friend,” she said.

“The department of motor vehicles also needs to ensure the safety of everyone on the road by adequately testing drivers’ ability. The rules surrounding accidents such as this have got to be amended so that there is at least some consequence for the drivers that assume even partial responsibility for them.”

Any resident with a concern about snow removal from a sidewalk can contact bylaw services at 667-2111.

Comments (21)

Up 6 Down 1

Dj on Nov 27, 2016 at 8:13 am

Not that I am on the side of the city here. But I can appreciate the fact that really the only time you hear about people getting angry about the city not enforcing bylaws is at times like this.
But the second they start enforcing...it is nothing but complaining from everyone about cash grabs, power trips yada yada yada.
Being complaint driven is a good "non-offensive" way to go about the business to be as neutral and make as few people angry as possible.
People should just use common sense and clean their sidewalks and think it could be your mother walking down the street and get off your @ and shovel. Or is that too simple.

Up 4 Down 0

north_of_60 on Nov 27, 2016 at 1:02 am

@Joe "Now there's a manager of strategic communications too? What is going on at the city?"

What's going on? The new City Manager is spending our taxes to surround herself with new people who will be loyal to her. Growing the City bureaucracy has become more important than delivering essential services.

Up 6 Down 0

Stu Winter on Nov 26, 2016 at 2:31 pm

I agree with Larry on this one.

A ridiculous answer from the city and they assume no responsibility.

Up 13 Down 1

Larry Leigh on Nov 26, 2016 at 10:27 am

It has always been ridiculous that the Bylaw Office is complaint driven. That's just taking the easy way out. Ice/snow on sidewalks and messy properties are illegal and those laws should be enforced. In this day and age, people are apprehensive about complaining because they are afraid of retribution. The bylaw office has not always been complaint driven. There's a lot more than parking and dog laws to be enforced.

Up 19 Down 5

just Say'in on Nov 25, 2016 at 2:47 am

@this has nothing.

This did not take place on a side walk it took place in the lane of traffic. So the bike analogies are appropriate. Also the motorized wheelchair was going the wrong way in the lane of traffic as it was getting dark. There are a lot of extenuating circumstances here.

Even though I feel for the lady and her family, sometimes people make bad decisions it is not only the motorist.

Up 24 Down 4

JQ on Nov 25, 2016 at 1:09 am

Main Street is always cleared of snow and that is because Bylaw Officers walk up and down the street, packing and melting the snow so they can stalk cars that meters run out on the 100th of the second!

The City of Whse has a Manager who fired 2 employees who worked at the City for over 2 decades and I doubt their performance or lack thereof was related to a death! So what's she going to do about this (sh**) show. A person died and all your coms team comes up with is "I dunno... call the City to complain about snowy sidewalks".

How about the City use some of that labour to shovel sidewalk instead of lighting up Shipyards Park like the Vegas Strip.

Up 18 Down 3

Details on Nov 24, 2016 at 8:34 pm

Just a point of clarity here. She was driving northbound in the southbound curb lane, she was not on the sidewalk nor was she crossing the road. It was dark and she had no lights visible. The article should be correct to show thus critical piece of information.

Up 17 Down 4

June Jackson on Nov 24, 2016 at 6:17 pm

Anyone who goes into the street at any time, summer, winter, fall..doesn't matter..they are at risk. I went down 2nd Ave. today, from Main Street towards Wheelhouse, and not one vehicle stopped at the stop sign. 3 of them just tore out into traffic. Pedestrians are hit at cross walks, and unfortunately walkers/scooters , cane walkers.. all targets. Not to mention the numbers of cars hitting other parked cars and are hit and runs...

I am 76 and I know that I am not safe on the roads here. In winter I wear good boots with grips, and spikes on my cane. Everyone has to take some responsibility for their own safety.

This accident cost a life. As a driver, it is my worst nightmare to kill someone with my car...no one sets out when they get in their car to take a life. As a person who is not driving, whether it is a cyclist, a walker, a scooter, they also have to be aware of personal safety. As another poster said.. cyclists zip in and out of busy streets early in the morning, with no reflective lights, black clothing and frankly, I am surprised more of them are not hit. That there are so few speaks to highly vigilant drivers.

As to City action being complaint driven, I called last year at least once a week about the streets in Arkell, that didn't get a single one of them plowed. So complaint that out your ***, you can put millions into a building we don't need but can't clear streets OR provide a place for people to clear their snow to.

Really, the City of Whitehorse, with the sky high taxes we pay, provides the absolute worst service ever.

Up 19 Down 3

Sad All Around on Nov 24, 2016 at 5:19 pm

My sympathies to all involved, however there is no way someone should even consider driving a motorized wheelchair down a busy street such as 2nd Avenue, cleared sidewalk or not. Unfortunately the worst possible outcome resulted from that decision in this instance.
I invite anyone on this forum to take a drive down second avenue in low light and ask yourself if you could react in time if the vehicle you were following swerved and suddenly there was something on the street right in front of you. I am pretty certain that if the police did not press charges they must have had a pretty good reason for not doing so.
It's just really sad this happened to someone no matter why.

Up 14 Down 9

This has nothing to do with cyclists on Nov 24, 2016 at 6:46 am

Quit comparing this accident with cyclist issues. This woman had every right to be on the sidewalk with her wheelchair. My sympathy to her family, this is awful. Based on story, there are too many CofW people shrugging and saying 'I dunno' - shameful

Up 12 Down 4

Let's get on this on Nov 24, 2016 at 6:42 am

Shame on you, City of Whitehorse "process is driven by complaints from Yukoners", "isn’t certain which business or businesses are responsible for the sidewalk where Johnson was killed", “not 100 per cent sure”. if those businesses were reminded, after Margaret’s death, to keep sidewalks free of snow and ice". But now we'll have an ad campaign! I'm going to start calling 667-2111 to report icy sidewalks (instead of just complaining, like I do now)

Up 19 Down 3

Ninni on Nov 23, 2016 at 9:35 pm

And for the record, there are many seniors using walkers who DO NOT venture out in the winter because, sidewalks are not cleared! Home bound they are unless the handi bus takes them the block or two. They are scared of falling, cars not paying attention while they are slow to cross intersections, walker wheels full of snow and not turning. Would city, business and other workers like to be kept home bound? Suggest fines be implemented and issued big time here!

Up 19 Down 4

Joe on Nov 23, 2016 at 2:36 pm

Now there's a manager of strategic communications too? What is going on at the city?

Up 29 Down 5

It's just sad on Nov 23, 2016 at 12:48 pm

Why are we so quick to get our pound of flesh? This is a result of unfortunate circumstances. This could happen to anyone and to those negative posters out there, I hope and pray that it never happens to you. Just yesterday, I had a cyclist wearing all black with no visibility devices (lights, reflective gear) ride up beside me. I could barely see them and it scared the wits out of me. You don't have to be on your cell phone or reckless to be involved in an accident. My heart breaks for everyone involved. The family of the woman who lost her life as well as the driver and the challenges they face day to day since the accident. Many lessons are to be learned here especially when it comes to sidewalk maintenance. Also, Klondiker - for your reference a lack of vehicular homicide charges does not mean the drivers insurance won't pay.

Up 13 Down 25

Klondiker on Nov 23, 2016 at 7:41 am

Why have the police not charged this driver with vehicular homicide? A person must be in due care and attention of their vehicle regardless of road conditions. If this was a pedestrian crossing the street would not a charge have to be laid and then the courts decide guilt? If no charges can be laid, then all bike riders should be made aware that they will not be covered if they are hit by drivers especially in winter conditions.

Up 29 Down 5

Stu Winter on Nov 22, 2016 at 6:06 pm

“She faced numerous challenges every time she had to go downtown in the winter,” Shannon Johnson, Margaret’s daughter, said in an email.

“Some responsibility for the accident falls on the City of Whitehorse to ensure that sidewalks and cutouts remain clear of snow for the users of wheelchairs.

This hits home when you consider how difficult it can be for an able bodied person to get across streets and use sidewalks here in the winter. From the perspective of someone using a wheelchair I would think that they must think most businesses and the city just does not care about them.

This is a very sad in so many ways.

Up 17 Down 17

drum on Nov 22, 2016 at 6:05 pm

Lovely lady lost. Was the woman who hit and killed her charged with undue attention - was she on her cell phone or just not paying attention to see a women in a wheelchair who was on the street that she was driving along (with street lights). What speed was she doing????????

Up 32 Down 2

Gordon of Riverdale on Nov 22, 2016 at 3:56 pm

I have never seen a city so full of well paid civil servants who do the bare minimum

Up 11 Down 24

hw on Nov 22, 2016 at 3:02 pm

Is there not an automatic charge of vehicular homicide leveled by the police, regardless of fault, when a person is killed during the use of a motor vehicle? If not, all bike riders should be put on notice, especially during winter conditions.

Up 31 Down 3

Alex Gandler on Nov 22, 2016 at 12:32 pm

PFFT - the usual sniveling and buck-passing by people being paid by my tax dollars to take care of this.
"Bylaw services" needs to be directly monitoring sidewalk clearing instead or relying on a snitch line.

Up 28 Down 3

Dj on Nov 21, 2016 at 6:53 pm

Sidewalks and streets in the city are treacherous in the winter....next to no one removes snow, and ice...don't get me started on ice....city is as bad as the residents and some business owners. Nearly break a leg at least a few times a winter.
It is called salt folks...yes parts of the winter it is too cold...but much of it isn't.

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