An Ontario court ruled Wednesday the Ford government’s plan to remove bike lanes on three major Toronto streets is unconstitutional, saying it would put “people at increased risk of harm and death.”
Superior Court Justice Paul Schabas said any removal or reconfiguration that takes away the physical separation of the bike lanes violates the Canadian Charter of Rights and Freedoms.
“I conclude that the Applicants succeed on this application. The Applicants have established that removal of the target bike lanes will put people at increased risk of harm and death which engages the right to life and security of the person,” Justice Schabas stated in his ruling.
“The evidence is clear that restoring a lane of motor vehicle traffic, where it will involve the removal of the protected, or separated, nature of the target bike lanes, will create greater risk to cyclists and to other users of the roads.”
Cycle Toronto, the group leading the challenge, took the province to court over the removal of bike lanes on Yonge Street, Bloor Street and University Avenue. They argued the law that enables the government to remove the bike lanes is arbitrary and puts lives at risk.
In a statement, a spokesperson for Transportation Minister Prabmeet Sarkaria said the government will be appealing the court’s decision.
“We were elected by the people of Ontario with a clear mandate to restore lanes of traffic and get drivers moving by moving bike lanes off of major roads to secondary roads. To deliver on that mandate, we will be appealing the court’s decision,” it reads.
A spokesperson for Mayor Olivia Chow said the City and council should be the ones making decisions about municipal infrastructure.
“Toronto City Council has voted to formally oppose the province’s plans to override the City’s authority and remove the lanes,” reads a statement from the mayor’s office. “The City is reviewing the court decision and the impact on our ongoing discussions with the province.”
Premier Doug Ford made the pledge to remove bike lanes on those roadways while campaigning in the snap election he won earlier this year, and blamed those lanes for contributing to increased traffic in the city.
However, in his decision, Justice Schabas said there was no evidence presented, or little evidence presented by the government, that removing the lanes would speed up traffic.
“There is no evidence that the government based its decision on data, manuals or expert ‘highway engineering,’ or that its decision would ‘contribute to highway safety.’ Rather, the evidence is to the contrary,” the ruling states.
The bike removal plan was put on pause in April after a temporary injunction was granted by Justice Schabas.
Under the injunction, the Ford government could not remove bike lanes on Yonge, Bloor and University until the judge rendered his decision on the Charter challenge.
Sarkaria and the City of Toronto had previously hinted that they were trying to work towards a compromise. That same sentiment was echoed in June when Mayor Olivia Chow suggested there may be a way to let more cars back on the roads, but also keep the bike lanes in place.
Ford has said he is not against bike lanes, but prefers them off arterial roads and on secondary routes. He said while he had a “clear mandate” to remove the bike lanes, he was hopeful of working with the mayor to find an alternative that works for everyone.
With files from CityNews Staff and The Canadian Press
