Premier Doug Ford’s government is appealing a recent Ontario Superior Court decision that struck down its plan to remove bike lanes on three major Toronto streets, calling the ruling “the most ridiculous” he’s ever seen.
The court found the province’s legislation — which targeted bike lanes on Bloor Street, Yonge Street, and University Avenue — unconstitutional, citing increased risks to cyclist safety and a lack of evidence that the removals would reduce traffic congestion.
Ford, who made the bike lane removals a campaign issue during a snap election earlier this year, has vowed to fight the decision. His government is now pursuing an appeal, which was filed on Thursday, Aug. 21, and has not ruled out invoking the notwithstanding clause if necessary.
The appeal, filed by the Attorney General of Ontario and the Minister of Transportation, challenges the July 30 judgment. The court had ruled that removing protected bike lanes on Bloor Street, Yonge Street, and University Avenue would endanger cyclists and could not be justified under the Charter.
In its appeal, the province argues the court erred in finding a constitutional right to bike lanes, stating there is no obligation for governments to maintain harm-reduction measures. The government also disputes the court’s conclusion that the law was arbitrary and grossly disproportionate, citing evidence that restoring motor vehicle lanes would alleviate traffic congestion and improve the movement of goods and people.
Cycling advocates brace for renewed legal battle
The legal challenge was spearheaded by Cycle Toronto and supported by Ecojustice, which argued the law was arbitrary and dangerous.
In a press release, Ecojustice said the court’s decision was a “landmark victory for cyclist safety and constitutional rights,” and confirmed its readiness to defend the ruling in higher courts should the appeal proceed.
“The Charter exists to protect the rights of all Canadians, regardless of the whims of this or any government. We urge Premier Ford to respect the rule of law and the decision of the judiciary,” Michael Longfield, executive director of Cycle Toronto, said in a statement.
“The facts are clear that the Ontario government is ignoring its own experts and wasting taxpayer money by indulging in magical thinking that everyone can drive for every trip. This year alone, more Torontonians have been killed in traffic collisions than in homicides. Ripping out protected bike lanes will not reduce the time you are stuck in traffic.”
Ford government doubles down
Earlier attempts by the province to lift a temporary injunction blocking the removals were also dismissed by a three-judge panel, reinforcing the court’s stance that cyclist safety must be prioritized.
“We are prepared to head back to court to continue to defend the rights of vulnerable road users to be free from arbitrary laws that put their lives at risk,” said Ecojustice lawyer, Bronwyn Roe.
“The Superior Court found, based on the evidence, that ripping out protected bike lanes in Toronto will put people who ride bikes at greater risk of injury and death and will not achieve the government’s stated objective of reducing traffic congestion. We will seek to uphold the Superior Court’s well-reasoned decision at the Court of Appeal.”
Transportation Minister Prabmeet Sarkaria has maintained that the government was elected with a mandate to reduce gridlock and restore driving lanes, but critics — including Toronto Mayor Olivia Chow — argue the move is a significant overreach that endangers lives.
