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 — Cycle Toronto, along with individuals Eva Stanger-Ross and Narada Kiondo, have launched a Charter challenge to Ontario’s Bill 212 — Reducing Gridlock, Saving You Time Act, 2024, arguing the law’s mandated removal of Toronto’s bike lanes puts lives at risk.
Represented by lawyers from Ecojustice and Paliare Roland LLP, the group’s lawsuit seeks an injunction to prevent the removal of target bike lanes on Bloor Street, University Avenue, and Yonge Street. The legislation overrides municipal decision-making to remove some of Toronto’s busiest protected bike lanes. Additional bike lanes in Toronto and other municipalities could be at risk of removal in the future.
Without evidence, the Government of Ontario claims removal of the bike lanes addresses traffic concerns and that they could be replaced by bike lanes on secondary routes. Those routes do not exist. Evidence shows that separated bike lanes, like those on Bloor Street, University Avenue and Yonge Street, are safest for cyclists and have little effect on vehicle traffic.
The law also insulates the Ontario government from lawsuits in the eventuality that someone is hurt or killed after the removal of bike lanes, a tacit acknowledgment of the safety risk the government is creating. The City of Toronto has estimated the cost of removal to be $48 million.
Michael Longfield, Cycle Toronto, a member-supported charity, said: “Bill 212 puts lives at risk. It is not about tackling congestion, working with municipalities for data-driven solutions, or giving people more transportation options. It is unprecedented jurisdictional overreach undermining local democracy that will cost taxpayers millions of dollars and jeopardize the safety of cyclists.”
Eva Stanger-Ross said: “I bike to school everyday. Most of my trip is along the separated bike lanes that the Ontario government plans to rip up. This puts my safety, and the safety of countless other commuter bikers at risk. Without those protected lanes, drivers don’t think about the cyclists they’re sharing the road with. I’ve launched this case along with my co-applicants because our safety should be the government’s top priority. Bike lanes save lives.”
Narada Kiondo said: “I’m part of this case because I use the bike lanes on Yonge, University and Bloor every day for work – there are no alternative routes that ensure that I can do my job as a bike messenger and food delivery worker, safely and efficiently. I’m worried that if the government is allowed to remove these safe, accessible bike lanes, I’ll be more likely to get into accidents with cars and get seriously hurt. Bill 212 puts my life and the countless other bike messengers and delivery bikers in Toronto, at risk.”
Bronwyn Roe, Ecojustice lawyer said: “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. 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.
“We are challenging Bill 212 and the removal of bike lanes in Toronto because the Ontario government cannot be allowed to put the lives of Toronto cyclists and Ontarians at risk.”
Andrew Lewis, Partner, Paliare Roland, said: “Forcing the removal of existing, heavily used bike lanes on major routes in Toronto to ostensibly reduce gridlock is grossly disproportionate to the harm it will cause for cyclists. Bill 212 will block access to bike lanes and will harm Ontarians.”
About
Cycle Toronto is a member-supported charity that has been leading the change for a healthier, more vibrant cycling city since 2008.
Ecojustice uses the power of the law to defend nature, combat climate change and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions, law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa and Halifax.
Paliare Roland LLP is a litigation boutique in Toronto. The firm is widely considered to be among Canada’s finest collection of advocates, distinguished by its capacity to navigate complex matters and high-stakes cases with rigour, clarity and integrity.