Cyclists file Charter challenge against Ontario over bike lane removals

Cyclists have launched a Charter challenge against the Ontario government over its decision to remove bike lanes on three Toronto roads.

Cycle Toronto and two cyclists allege the province’s upcoming removal of bike lanes on Bloor Street, Yonge Street, and University Avenue puts lives at risk.

“It is not about tackling congestion, working with municipalities for data-driven solutions, or giving people more transportation options,” said Michael Longfield of Cycle Toronto. “It is unprecedented jurisdictional overreach undermining local democracy that will cost taxpayers millions of dollars and jeopardize the safety of cyclists.”

They say the bike lane removals, which are now enshrined in law, violate a section of the Canadian Charter of Rights and Freedoms and argue the province’s actions infringe on the rights of cyclists, pedestrians and other road uses by depriving them of life and security of the person.

Premier Doug Ford has complained about some bike lanes creating gridlock, particularly on a stretch of Bloor Street West that is about a 10-minute drive from his home in Toronto’s west end. 

The group is seeking an injunction to prevent the removal of those bike lanes.

“Bill 212 is an arbitrary and dangerous piece of legislation that violates the section 7 Charter-protected rights to life and security of the person,” said Ecojustice lawyer Bronwyn Roe. “Countless studies show that bike lanes save lives. Removing them without replacement routes in place and with no evidence that doing so will address traffic concerns locks in irresponsible car dependence and is not in the best interest of communities.”

Transportation Minister Prabmeet Sarkaria has said the province will foot the bill for removal costs. Still, he doesn’t believe the city’s estimate of $48 million, as it is double the price tag of the initial installation.

“Ultimately, we know what three roads we want to target, which are Bloor, University and Yonge. We will continue to do that,” Sarkaria said on Wednesday.

The Association of Municipalities of Ontario has slammed the province for the legislation, calling it a “significant overreach” and an unwanted incursion into municipal jurisdiction.

With files from Lucas Casaletto of CityNews