The Ontario government’s bid to remove three major Toronto bike lanes has been put on pause after a temporary injunction has been granted by Justice Paul Schabas.
Under the injunction, the Ford government can’t remove bike lanes on Bloor Street, University Avenue and Yonge Street until Schabas renders his decision on a Charter challenge by cycling advocates.
The advocates, represented by lawyers for Cycle Toronto, argued in court on April 16 that the Ford government’s bid to remove bike lanes on those roads was “irrational and dangerous.”
Premier Doug Ford and his government passed Bill 212, dubbed the Reducing Gridlock, Saving You Time Act, in November. Ford and Minister of Transportation Prabmeet Sarkaria previously said the goal of bike lane removal was to battle congestion in the core.
Cycle Toronto’s lawyers argued the bill infringes on the Charter rights of Toronto cyclists by exposing them to a heightened risk of serious injury or death.
They also said the removal of these specific bikes lanes is “arbitrary and grossly disproportionate and will not achieve the stated purpose of the legislation, which is to reduce congestion.”
Justice Schabas, in approving the injunction, said that while he has not formed a final view on the matter, the weight of the evidence in the Charter application found that “harm in the form of increased collisions, injury and even deaths of cyclists may follow from the removal of the protected bike lanes.”
He added at this stage, “the apparent strength of the applicants’ case and the evidence of irreparable harm” figure more strongly in his consideration of the factors needed for an injunction.
Schabas also added that while the applicants (Cycle Toronto) provided evidence from a “highly qualified transportation expert” that the bike lanes along Bloor, Yonge and University do not cause congestion and the removal will not alleviate congestion, the government relied on anecdotal evidence and the opinion of a real estate management professor who “does not appear to directly address the key issue of whether the removal of the bikes lanes will in fact alleviate congestion.”
“This gives the Province (an) opportunity to maybe pause and reverse this legislation, and instead work on real solutions that will help keep Torontonians and Ontarians moving,” said Michael Longfield, executive director of Cycle Toronto, to The Canadian Press in response to the injunction.
The Province had not indicated when the removal of the bike lanes would be happening prior to this injunction, and legal counsel for the Ontario government could not specify when it would happen “other than it might be soon.”
In response to the injunction, the Minister of Transportation said they intend to respect the court’s decision, but “we will continue with the design work necessary to begin removals as soon as possible should the decision uphold the legislation.”
In early April, Sarkaria and the City of Toronto hinted that they are trying to work towards a compromise.
A previous injunction sought by Cycle Toronto ahead of their Charter challenge was rejected, but Schabas said with all the submissions and evidence now before the court he found not approving the injunction would “cause more harm and inconvenience to the public interest than whatever inconvenience there might be to the public interest in not allowing the legislation to be implemented.”
