Keep climate a national priority
An Ontario judge paused the Ford government’s plan to rip out three of Toronto’s major protected bike lanes, handing cycling advocates a symbolic victory.
The ruling, released Tuesday by Ontario Superior Court Justice Paul Schabas temporarily halts enforcement of a controversial section of Bill 212 — the Reducing Gridlock, Saving You Time Act — mandating the removal of bike lanes on Bloor Street, University Avenue and Yonge Street. The decision ensures the lanes cannot be removed until the court rules on a broader Charter of Rights and Freedoms challenge filed by Cycle Toronto and two individual applicants, Eva Stanger-Ross and Narada Kiondo, who argue the removals would endanger cyclists and violate their Charter rights.
“There are compelling, competing public interests other than those which the legislation purports to address,” Schabas wrote in his ruling. “Failing to suspend the provision will cause more harm … than whatever inconvenience there might be to the public interest in not allowing the legislation to be implemented while the matter is under reserve.”
Schabas also found the government failed to provide evidence that removing the lanes would alleviate congestion — one of the law’s stated purposes. In contrast, expert testimony presented by the applicants suggested lane removal would likely increase collisions, injuries and even deaths.
The legislation gives the provincial transportation minister power to override municipal authority and remove bike lanes on major roads.
For Michael Longfield, executive director of Cycle Toronto, the court ruling affirms what advocates have said all along: removing bike lanes won't reduce traffic congestion, but it will put lives at risk.
“The decision on the injunction is really great news,” Longfield said. “We’ve always argued that ripping out bike lanes won’t solve congestion, and the judge’s comments reflect that.”
Longfield urged the Ford government to reconsider the legislation, calling the ruling an opportunity to change course.
A spokesperson for the Ontario Ministry of Transportation told Canada’s National Observer the government intends to respect the court’s decision. However, the ministry said the province is still prepared to move ahead if the legislation is ultimately upheld. “We were elected with a clear mandate to get people out of traffic by restoring driving lanes to keep some of our busiest roads moving.”
Bronwyn Roe, lawyer at Ecojustice who represented the applicants, welcomed the court’s recognition of the broader public interest in encouraging safe, active transportation.
“We are celebrating the court’s decision to stop the immediate removal of the bike lanes, which gives our clients, and Ontarians, hope while they await the court’s ruling on the merits of this case,” Roe said in a statement. “We’re pleased that the court noted the public interest in encouraging cycling as a means of transportation.”
Roe said the Ontario government should focus on investing in safe, reliable, active transportation that benefits both people and the environment, rather than reinforcing car dependence and increasing risks to public safety.
Dianne Saxe, Toronto city councillor and longtime environmental advocate, called the court’s decision “great news” and praised Cycle Toronto and Ecojustice for their efforts. She urged supporters to maintain pressure on the Ford government, calling its plan to remove bike lanes unsafe and costly.
Abdul Matin Sarfraz / Canada’s National Observer / Local Journalism Initiative
Comments