Is it always illegal to jaywalk? There are times when there’s no crosswalk in sight and I need to get across the street. As a kid, I was always told that it was illegal to cross anywhere other than an intersection or a crosswalk. Could I get a ticket if I cross in the middle of a block, even if there are no cars coming? – Dana, Calgary
In most provinces, jaywalking won’t always land you on the wrong side of the law.
“If you’re impeding traffic, then it’s illegal,” said Inspector Rob Patterson with Calgary Police Service’s traffic section. “But if it’s 2 a.m. and there’s no traffic, it’s not advisable – but it’s not necessarily illegal.”
In Alberta, the law states that pedestrians crossing “at any point other than within a crosswalk shall yield the right of way to vehicles on the roadway.”
So, technically, as long as it’s clear, you’re allowed to cross in the middle of a block if there’s no crosswalk.
But cities also have their own bylaws. For instance, Calgary bans crossing the street if there’s not a crosswalk along some of the city’s C-Train corridors, Patterson said, while Edmonton bans it nearly everywhere.
The rules vary across Canada. Most provinces generally don’t ban jaywalking as long as you yield to traffic, but some cities, including Vancouver, ban it entirely.
Crossing boundaries?
In Ontario, the law states that if there’s a “marked” crossing – in Ontario, crosswalks that aren’t at intersections are called pedestrian crossovers – you’re supposed to use it.
But if you’re not close to one, “you can legally cross,” as long as you yield to traffic, said Sean Shapiro, a road safety expert and former Toronto traffic cop.
“Let’s say there’s no intersection for 500 metres – you can’t expect someone to walk that distance, especially if they have a mobility issue,” Shapiro said.
Ontario’s law doesn’t say how far you have to be from a crosswalk or crossover before you can cross outside it. We asked Toronto Police and a spokeswoman pointed us to a city website that said 30 metres is generally the “rule of thumb.”
Toronto also has its own bylaw that allows crossing mid-block as long as you yield to traffic – but it states drivers still have to take “all due care” to avoid a collision.
If somebody’s on the road, drivers “have to stop,” even if they technically have the right of way, Shapiro said.
“Whether a pedestrian is crossing, a car suddenly brakes in front of you or a dog is on the road, you’re not allowed to just hit them," he said.
Not a safe bet?
If you do cross outside a crosswalk, do it safely, Patterson said.
That means you shouldn’t race across when there’s barely a break in oncoming cars like in the old video game Frogger, he said.
At night, be especially careful because “it can be difficult for drivers to see people,” Patterson said.
But always consider waiting for the next crosswalk or intersection if you can, he said. “It’s always better to cross where you have the right of way where people are looking for you.”
There have been three pedestrians killed in Calgary so far this year, including a toddler in a stroller. All three were crossing legally, Patterson said. Last year, the city saw 15 pedestrian deaths – the highest it has seen in the last 11 years.
“A large number of our pedestrian collisions are occurring at marked crosswalks or at intersections where they may be crossing legally.” Patterson said. “People are not taking the time to look to make sure it’s safe before they make their turn or proceed through the intersection.”
In Toronto, eight people – all pedestrians – have died in crashes this year.
Even if you have the right of way to cross, make eye contact with the driver so you know they’ve seen you, Patterson said.
“Do the things we were taught when we were young,” he said. “Take that extra couple of seconds to make sure that you’re going to be safe.”
Calgary is seeing a rise in crashes over all “and almost every single one involves speed, impairment or distraction,” Patterson said.
“It means drivers aren’t doing their job,” he said. “When you’re driving a motor vehicle that’s capable of injuring or killing other people … it’s probably the most responsibility you have all day.”
It’s been getting worse since the Alberta government banned most speed cameras last year, Patterson said.
“From our point of view, they are safety devices that are able to slow people down,” he said.
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