A leisurely Saturday afternoon bike ride down memory lane proved an expensive outing for St. Thomas resident John Van Duynhoven and his wife.
As they briefly rode their bikes near the tracks at the CN yard at the end of St. Catharine Street, they were stopped by CN police and ticketed for trespassing.
The incident occurred last Saturday and we spoke with him midweek.
Because of a lack of clear signage, 71-year-old Duynhoven stressed they were unaware of where the CN property line is.
“I am a senior and if I sounded nervous on the phone when I left you a message, it’s because I have a lot of anxiety over this.
“I haven’t slept for a couple of days very well because it was an innocent bicycle ride on a Saturday afternoon.
“We were going out to see how the construction was going on Scott Street.”

Their encroachment on the rail property cost them $615, with CN Police refusing to issue a warning.
Van Duynhoven continued, “When we reached the new roundabout at St. Catharine Street, I thought we could see the changes to the area along the railroad tracks to Athletic Park.

“A place I had not seen since we were married 50 years ago. A lot had changed and the gravel along the railway was loose and rough so we turned around and left within less than a minute.”
He paints a picture of what transpired, with him and his wife unaware they were in violation.
“The entrance at the end of St. Catharine Street is a huge, open area of gravel that goes right to the railroad tracks.
“I don’t know where the railroad property starts or stops. It was not my intention to trespass and we turned around and left.
“We didn’t even proceed down the tracks.”

“If you step foot on our property, it’s trespassing. End of story.”

He continued, “I have not entered onto railway property in the 50 years prior to this day and had not seen any of the few signs posted until I searched for them after this incident.”
Van Duynhoven recounts his conversation with the CN Police officer.
“His comment to me was, ‘We don’t give warnings because people don’t listen.’ And I tried to get a hold of somebody from CN to find out what their policy was and they directed me back to CN Police.
“I got a call back yesterday (Monday) from CN Police saying that his opinion was exactly the same. ‘If you step foot on our property, it’s trespassing. End of story.'”
However, the property at the end of St. Catherine Street is not delineated as to what belongs to the city and what portion is railway lands and subject to trespassing regulations.

“What started as a leisurely bicycle ride turned into a traumatic experience for both of us and we are still feeling the effects of it. We are not lawbreakers and feel insulted to be treated this way.”

See the following item in which we spoke with St. Thomas Mayor Joe Preston about this lack of clarity.
In an email sent to us Van Duynhoven concluded, “Had we seen the signs or been given a warning, it would have been all it would have taken.
“Besides that, at our age, it is most likely that we would have never been on railroad property again as it has been more than 50 years since the last time.
“What started as a leisurely bicycle ride turned into a traumatic experience for both of us and we are still feeling the effects of it. We are not lawbreakers and feel insulted to be treated this way.”
Van Duynhoven confirmed he will follow all legal avenues to contest the ticket and a $615 fine.
Through myFM, we were in touch with CN and spokesperson Michelle Hannan emailed the following response.

“Safety is a core value at CN. We collaborate closely with local communities to raise public awareness about the potentially devastating consequences of trespassing on railroad property and not obeying rail safety signs and signals at railway crossings. Enforcement happens on an ongoing basis and CN Police works closely with neighbouring communities to ensure everyone is aware of the dangers of trespassing on CN property and infrastructure. When CN police are on patrol and see unsafe behaviour, it is their duty to communicate to community members the dangers of trespassing and this is done through enforcement, education, engineering and engagement activities.”

The majority of police services now stress de-escalation when first confronting a situation. CN Police, instead, jump right to enforcement while bypassing education and engagement.
Additionally, Hannan requested we advise the public of the following safety tips.

Stay Off Tracks

Never walk, cycle or drive along railway tracks. It’s hard to judge how far away a train is or what speed it’s travelling at. Trains can go as fast as 160 km/h and can take up to 2 kilometres to come to a complete stop. That’s the length of 18 football fields.

Keep Off of Railway Property

Railway yards, tunnels and bridges are all private property. If you are caught trespassing on them, you could be fined up to $50,000. But it isn’t just illegal to trespass on railway property—it’s extremely dangerous. Railway tunnels and bridges are often only slightly wider than the rails, leaving little or no room for you if a train does come along.

Use Designated Railway Crossings

Always cross railway tracks at designated crossings. Trying to cross tracks anywhere else could be deadly. Remember, trains can come at any time, from either direction and on any track. They also don’t always run on a set schedule.

Keep Your Distance

Trains can overhang the tracks by as much as 1 metre on each side. ¬They can also carry loads that are wider than the railway cars themselves. So, stay clear. You could also get hit by chains, straps or other equipment swinging loose from the train if you are too close.

A FINE IS ‘A BIT EXCESSIVE’

In a phone call with Mayor Joe Preston on Friday, he suggested the CN Police officer perhaps was a little “overzealous” in his treatment of Van Duynhoven and his wife.
Additionally, Preston noted talks are ongoing with CN on other matters but this will be added to the agenda.
“The city property abuts the CN property,” he pointed out, “the difference is we don’t care if people walk on our property.
“If CN would like people not to be on theirs – and they seem to be getting far more aggressive about it than they used to – then they need to sign it.

“But a couple of seniors out for a bike ride, this may be overkill.”

“And they need to be right there, I guess, to say you can’t enter here.
“Look, it’s always been you can’t go on railway property. That’s been the defence for years about people being hit by trains.
“I understand, but this seems like an overzealous CN Police officer.”
Not that this is justification, however, as Preston points out, the rail yard has been used as a shortcut by city residents for decades.
“It’s been a popular cut-through for years, my understanding is and so for them (CN) all of a sudden to start with the epitome of big tickets instead of starting with, ‘Hey, don’t go this way.'”
Preston continued, “I get it, you are trying to teach kids not to use that (shortcut) from a danger point of view or partying teens or whatever it is you might be trying to stop, I get there are a couple of different ways to do it.
“But a couple of seniors out for a bike ride, this may be overkill.”
The overriding issue is where city property ends and CN private property begins.
There is no clear indication.
“I agree. My understanding is the signage is very weak as is the indication of when you’re leaving one (property) to the other.
“I agree.”
As mentioned, Preston says the city has been in ongoing talks with CN about other matters.
“We are still in some discussions with CN about property and the Barwick bridge and it is fully my intention to bring this up.
“And, I know what their answer will be. In the past, when we’ve brought it up they have said we have to prevent people from walking on railway property.
“I just think that (the fine issued to Van Duynhoven) is a bit excessive.”
We have contacted Jim McCoomb, the city’s head of planning to determine if the department has maps or documents to clarify boundary lines in the rail yard area.

A FAILURE TO COMMUNICATE

Another area that warranted clarification is who issued the trespassing ticket.
It certainly was not a member of the St. Thomas Police Service and we spoke with Chief Marc Roskamp on Friday about policing responsibility.
CN Rail does have their police service and Roskamp indicated they have authority to enforce the Railway Safety Act which includes trespassing on railway property.
An aggravating factor in St. Thomas is several incidents of arson this year in that same area of the rail yard.
In cases like that, Roskamp indicated the two services will work hand in hand.

“We believe in strong communication with our community and that is my position. If we can assist (CN Police) in any regard, we will.”

“They will come down and work with us. We have joint force investigations all the time.”
Roskamp continued, “We have a meeting set up for next week to talk about signage and their better messaging for our community.
“We feel they need to be as transparent as we are. Maybe we can help them improve messaging to our community on enforcement.
“But, at the end of the day, the CN Rail lands, although they are in our city, they will periodically stop in and do their thing.”
So instead of being issued a provincial offences ticket related to trespassing, Van Duynhoven was charged under the federal Railway Safety Act which carries a minimum fine of $615.
A suggestion from Roskamp for whenever CN Police are in St. Thomas.
“Stop in and tell us you are in town and we can help them send their message a little better.”
Roskamp concluded the conversation with, “We believe in strong communication with our community and that is my position.
“If we can assist (CN Police) in any regard, we will. And I have committed to a meeting with CN Police to ensure our community is better informed.”
What’s that line from the movie Cool Hand Luke?
“What we’ve got here is failure to communicate.”
And as a member of city council pointed out earlier this year, CN is a country unto its own.

A FRIENDLY ENVIRONMENT IN WHICH TO UNDERGO CANCER SCREENING

A much-needed healthcare service rolled out yesterday (Friday) to serve residents of St. Thomas and Elgin.
The first cancer screening pop-up clinic was hosted by the Thames Valley Family Health Team (TVFHT). These free clinics will address the needs of those without a family physician or nurse practitioner.
A number around the 7,000 mark in St. Thomas and Elgin.

The TVFHT is one of the largest family health teams in Ontario with more than 125 physicians across 19 sites in London, Elgin, Middlesex and Oxford.
The clinics are specifically designed to provide vital cancer screening services to women, men over the age of 50, transmasculine individuals and non-binary people.
An Indigenous Patient Care Navigator from Cancer Care Ontario is also on site.
Interim executive director Jill Strong explains which services will be offered.
“It is colorectal, cervical and breast cancer screening. We’re operating from 8 a.m. to 4 p.m. on the dates specified.”
The next clinics will be held Aug. 9 and 23 and Sept. 6.
Strong explains the applicable target groups for these pop-up clinics.
“Cervical and breast screening are typically for women and colorectal tends to be for men 50-plus in particular.
“So, we’re really just targeting the groups that it is most applicable to because these are unattached patients and so we don’t have a history for them to be able to assess whether there is an underlying need to do that outside of normal scope.”
She adds this is one more factor in helping to relieve stress in hospital emergency departments.

“These clinics will be an inclusive, calm and friendly environment to receive testing or more information about being tested.”

Strong notes these initial pop-up clinics will pave the way for additional services to be offered shortly at the St. Thomas location.
“Rather than offering ongoing pop-up clinics – although likely we will offer more pop-ups throughout the year – we also intend to establish a more static primary care clinic where a broader scope of services would be offered to the 7,000 community members who live in Elgin who are unattached currently.”
Sarah Compos, a Registered Nurse and one of the screeners at the clinic stressed, “Preventative cancer screening can save lives.
“When people don’t have access to regular primary care, these types of preventative tests are not performed and that can make cancer harder to diagnose and treat.
“These clinics will be an inclusive, calm and friendly environment to receive testing or more information about being tested.”
This was evident when I dropped in over the noon hour yesterday.
The clinics are hosted in the medical offices at 230 First Ave., suite 109. To book an appointment, call 226-626-8440 and press ‘4’ to speak to an administrative assistant.

FOR THE CALENDAR

October is Breast Cancer Awareness Month.
Brian Lynch of St. Thomas wonders why, in all of the promotional material, there is no mention of men.
He calls it a gut punch because he is a male breast cancer survivor.
And on Aug. 19 of last year, he organized the first Bottoni Ride for male breast cancer awareness.
It’s named in honour of his surgeon at St. Thomas Elgin General Hospital, Dr. David Bottoni.
That’s Brian on the left in the photo with Dr. Bottoni.
This year’s ride is Aug. 17 beginning at Rocky’s Harley Davidson at 900 Wilton Grove Road in London.
On-site registration runs from 10 until 11 a.m., with the ride taking off at 11:30 and returning at 1 p.m.
A lunch truck will be on site and prize draws will take following the ride.
Proceeds support the MRI campaign at St. Thomas Elgin General Hospital.
For more information or to register, call 519-635-6125 or email thebottoniproject@rogers.com.

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And a reminder, I can be heard weekday afternoons as news anchor and reporter on 94.1 myFM in St. Thomas. As always, your comments and input are appreciated.