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Challenging the Ontario government’s anti-bike lane law

December 11, 2024

In November 2024, the Ontario government passed the controversial Bill 212, the Reducing Gridlock, Saving You Time Act 

The legislation gives the province broad, sweeping powers to rip up existing protected bike lane infrastructure — including key biking corridors in Toronto on Bloor Street, Yonge Street and University Avenue. It will also require municipalities to get the okay from the province to build new bike lanes when they involve removing a car lane.  

The Ontario government claims that their goal is to reduce traffic congestion in Toronto (and municipalities across the province) but we know that this legislation will do the exact opposite — and in the process, will put the lives of people at risk.  

Studies have shown that putting more lanes on roads induces demand — meaning more people will likely opt to use cars. Bill 212 will not only impact people in Toronto but has the potential to impact all road users across the province.  

And more traffic congestion is not the only thing this legislation could lead to.   

By removing existing bike lanes — and making it harder for new bike lane infrastructure to be constructed — the Ontario government is putting lives at risk. Evidence shows that protected bike lanes reduce fatalities for all road users — additional research shows that Toronto’s bike lanes reduce cycling specific injuries by 56 per cent. 

This is not the first time the Ontario government has taken steps to enact regressive policies that put the environment and communities at risk. Ecojustice will not let Bill 212, an arbitrary and dangerous piece of legislation, go unchallenged. 

On behalf of Cycle Toronto and two individuals, Ecojustice launched a Charter challenge to a provision of Bill 212. The applicants argue that the law’s mandated removal of three core protected bike lanes in the Toronto’s cycling network will put lives at risk and violate section 7 Charter-protected rights to life and security of the person.

In March, an Ontario court denied an injunction that would prevent the province from ripping up the lanes until the case was heard. In April, the case made its way to the Ontario Superior Court for a full merits hearing. Later that month, the judge who heard the case granted a temporary injunction.

On July 30, the Ontario Superior Court sided with cycling and safety advocates, finding that the Ontario government’s actions violated Canadians’ Charter rights under Section 7. In August, the Ontario government served its appeal of the court’s decision.

 

Ecojustice understands that a safe, well-connected bicycle network is a crucial part of an active transportation system in large cities like Toronto. A city that enables active transportation is a safer and more liveable, equitable, affordable, and healthy place to live. 

We also know that removing bike lanes will put the lives of Ontarians at risk. Studies show that Toronto’s bike lanes reduce cycling specific injuries by 56 per cent.  

Toronto, and communities across the province, need to have access to safe ways to get around their communities by bike. In Toronto, 28 per cent of households do not own a car – and that number rises to 55 per cent for households in the downtown. 

That’s why Ecojustice partnered with lawyers at Paliare Roland Rosenberg Rothstein LLP to represent Cycle Toronto and two individuals in a legal case challenging a provision of Bill 212. The Charter challenge argues that the law’s mandated removal of three core protected bike lanes in the Toronto’s cycling network will put lives at risk and violate the section 7 Charter-protected rights to life and security of the person.

Ecojustice is committed to standing up against governments that are actively working against what is in the best interest of the environment and communities.  

Ecojustice staff

Bronwyn Roe

Lindsay Beck

Clients/Partners

Paliare Roland Rosenberg Rothstein LLP

Cycle Toronto

Eva Stanger-Ross

Narada Kiondo

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