Keep climate a national priority — donate today
An Ontario judge has denied an injunction sought by cycling advocates to stop the removal of bike lanes on some of Toronto’s busiest streets.
The injunction would have temporarily blocked the province from removing the bike lanes — on Bloor Street, Yonge Street, and University Avenue — until a Charter case is heard on April 16. Cycle Toronto will challenge Bill 212, the controversial anti-bike lane law that mandates the removal of the lanes. The group argues the law violates the Charter of Rights and Freedoms by putting cyclists' safety at risk.
However, the Ontario Superior Court judge ruled against the injunction on Friday, clearing the way for the province to begin removals as early as Thursday.
Ontario’s Bill 212, known as the Reducing Gridlock, Saving You Time Act, grants the Ford government unilateral authority to remove municipal bike lanes. One of the provisions requires the provincial transportation minister to remove bike lanes on the three major Toronto streets.
The government claims the change will alleviate traffic congestion and improve emergency response times, but no evidence has been provided to support this; meanwhile, opponents introduced government reports into evidence that suggested the bike lane removals could cause a rise in collisions without even saving any commuting time.
In his decision, Justice Stephen Firestone ruled that suspending legislation is a significant step, and the applicants did not meet the “heavy burden” required to justify such an intervention.
He emphasized that courts apply special considerations when reviewing requests to block government laws, and the applicants failed to demonstrate that temporarily halting bike lane removals would better serve the public interest than allowing the legislation to proceed.
Firestone acknowledged that the case raises a serious constitutional issue; however, he ruled that the group failed to prove “irreparable harm,” and the government’s legislation must be assumed to serve the public interest.
He noted Toronto is a crowded city with competing demands for road space, and the province has the authority to decide how that space is allocated.
The court cited evidence indicating that cycling accounts for only three to four per cent of all travel in Toronto, with an even smaller number of cyclists regularly using the affected lanes. The ruling also referenced projections suggesting that removing the lanes could lead to fewer cyclists using those roads, which may result in little to no change in the overall number of collisions.
While acknowledging that some cyclists may face increased risks, the judge emphasized that most have other transportation options, reducing the broader impact of the removals. He also noted the injunction would only delay removals for a short time, since the larger constitutional challenge is set for April.
Michael Longfield, executive director of Cycle Toronto, expressed disappointment over the court’s decision, saying the ruling favoured the province by assuming that government legislation is automatically in the public interest.
He argued the law mandating the bike lane removals puts lives at risk and fails to address the congestion issues it claims to solve.
Longfield pointed to government documents that confirm what Cycle Toronto and other advocates have long argued — that removing bike lanes will not reduce traffic congestion or improve road safety.
He noted that even Ontario’s transportation ministry has acknowledged the increased risks, making it particularly frustrating that the government is moving ahead despite these concerns.
“There is no mythical network of secondary roads that can replace these protected bike lanes, and removing them will put people’s lives at risk.”
Longfield is hopeful that removals won’t happen before the Charter hearing, and stressed that his organization is preparing for a legal fight to protect Toronto’s cycling infrastructure.
The City of Toronto estimates the cost to taxpayers for removing the bike lanes could reach $48 million, with the city having already invested $27 million in their construction. Restoring vehicle lanes will likely offer minimal improvements in travel time and undermine the public health, environmental and economic benefits of active transportation, the report warns.
Bike Share Toronto has experienced impressive growth, with memberships doubling from 18,000 in 2020 to more than 35,000 in 2023, the report notes. Total trips by bike share surged from 2.9 million in 2020 to 5.7 million in 2023.
Abdul Matin Sarfraz / Canada’s National Observer / Local Journalism Initiative
Comments
My reading of other reporting on this is a little more nuanced. This was an application for a temporary, and therefore immediate relief. The judge noted that the actual removal dates are well in the future, in particular after the date the full trial on the merits of the case is expected to be resolved. So, planning can go ahead, but full resolution is still up in the air.