Groups behind case say decision to remove three of Toronto’s main bike lanes would put lives at risk
Toronto, Ont./ Traditional territories of several First Nations including the Williams Treaties First Nations, Huron-Wendat, the Anishnaabeg, Haudenosaunee, Chippewas, and the Mississaugas of the Credit First Nation — A Charter case challenging the provincial government’s planned removal of three core bike lanes in Toronto is set to be heard before the Ontario Superior Court tomorrow. The applicants say that ripping up bike lanes will put lives at risk, violating their Charter rights to life and security of the person.
The case is being brought by Cycle Toronto, along with individuals Eva Stanger-Ross and Narada Kiondo, represented by lawyers from Ecojustice and Paliare Roland LLP. The legal case challenges a section of Ontario’s Bill 212 — Reducing Gridlock, Saving You Time Act, 2024, which mandates the removal of bike lanes in Toronto on Bloor Street, University Avenue, and Yonge Street.
The Ontario government says its goal is to reduce traffic congestion in Toronto (and municipalities across the province) but we know that removing bike lanes will do the opposite — and in the process, will put the lives of people at risk. Documents released by the province last month largely align with the evidence submitted by the applicants. They show Ontario was aware that the removal of bike lanes may not have a meaningful impact on congestion and could increase collisions for everyone on the roads – cyclists, pedestrians and drivers.
The Ontario government recently said it is open to collaboration with the City on revising the planned removal of bike lanes, but their own evidence shows there is likely no feasible alternative and the removal of any lanes will put lives at risk.
In the past ten years, 28 people have been killed and 380 people seriously injured while cycling in Toronto — more than two-thirds of these collisions took place on streets without safe cycling options. A government-commissioned report from engineering firm CIMA estimated that removing critical bike lane infrastructure would increase collisions by 54 per cent and lead to an increase in cyclists using sidewalks, creating hazards for pedestrians. Evidence shows that protected bike lanes reduce fatalities for all road users, by creating separate spaces for everyone on busy roadways.
The internal government documents show the proposed removal of the three downtown Toronto bike lanes is unlikely to achieve Ontario’s goal of reducing congestion, a key claim used by the province to justify the legislation. The report also concluded that the province’s proposal of redirecting cyclists to secondary roads is not feasible.
A rally in support of the Charter case is scheduled to take place today at 6:00PM at the Ontario Superior Court of Justice, near the Scales of Justice Bike Rack.
Michael Longfield, Cycle Toronto, a member-supported charity, said:
“Court documents unveiled during our legal challenge against Bill 212 show the province’s own experts admit what we’ve been saying all along: ripping out Toronto’s busiest bike lanes won’t solve congestion and will make traffic worse, there’s no magical network of side streets to replace them, and removing them will put lives at risk. The province must reverse course on this arbitrary and dangerous scheme.”
Bronwyn Roe, lawyer, Ecojustice said:
“The passage of Bill 212 was an arbitrary and dangerous decision by the Ontario government. The provision we’re challenging violates the section 7 Charter-protected rights to life and security of the person. Countless studies have shown that bike lane infrastructure saves lives. By removing three core bike lane corridors in Toronto, the province is directly putting the lives of Ontarians at risk. These impacts will be felt most acutely by low income and new Canadian communities who disproportionately rely on cycling as a safe and affordable method of transportation.
“It is unclear what the province hopes to achieve by removing the bike lanes. The government’s own expert report suggests removing bike lanes won’t resolve congestion. Instead, it will lock Ontarians into further car dependence. Rather than wasting Ontarians’ time and money with a costly false solution, the government should be investing in safe, reliable active transit that is better for people and the planet.”
Controversial bill interferes with local decision making
Bill 212, passed by the Ontario government in November , gives the province powers to rip up existing protected bike lane infrastructure. The Bill may also hinder future expansion plans by requiring municipalities to get the okay from the province to build new bike lanes when they involve removing a car lane.
The overreach by the provincial government into municipal affairs limits the ability of local governments to make decisions in the best interest of their communities. This is not the first time this government has shut down collaboration and failed to listen to communities.
- It has a track record of using Ministerial Zoning Orders (MZOs) to greenlight development projects with known environmental implications. This includes when it tried to develop the ecologically sensitive Duffins Creek wetlands complex; and
- Used an omnibus bill to push through legislation that would have removed 7,400 acres of environmentally sensitive land from the Greenbelt and open it up for development — a move that was met with fierce opposition from Ontarians, forcing the government to eventually back down.
Communities need investments into clean, safe transit alternatives
Bill 212 will set Toronto, and other Ontario municipalities, back in creating liveable and healthy communities with access to sustainable and safe transportation options. The removal of bike lanes will lock communities across the province into further car dependence in a time of intensifying climate change and in the midst of an affordability crisis.
According to a Ministry of Transportation discussion paper from 2018, 67 per cent of Ontarians said they’d be more likely to ride a bike in their community if they had better access to cycling infrastructure like separated bike lanes.
The City of Toronto has identified increasing active transportation as a key part of the city’s plans to reduce traffic-related air pollution (the largest source of air pollution emitted in Toronto) and to meet its climate goals. Ontario’s overreach into municipal politics could put a stop to this plan.
Hearing – Wednesday, April 16, 10:00 AM ET
Where: Ontario Superior Court, Courtroom 8-1, with 8-4 available for overflow.
Address: 330 University Ave, Toronto, ON
In-person attendance: Media and members of the public are welcome to attend the hearing in person, please arrive at least 15 minutes in advance.
Virtual attendance: There is no virtual attendance option provided by the court for this hearing.
Media availability: Cycle Toronto and members of the legal team will be available Wednesday morning. If you are interested in covering the rally or the hearing, please feel free to get in touch with any questions and to confirm attendance.
