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Cyclists begin legal challenge against Ontario government plan to remove bike lanes

An injunction is being filed against the provincial government to stall removal of infrastructure

Ontario bike lane bill faces Charter challenge Wednesday

A group of concerned cyclists are seeking an injunction to halt the looming plan to remove bike lanes in Toronto until their legal challenge is heard in court. Led by Cycle Toronto, the group is contesting the province’s plan to remove bike lanes on Bloor Street, Yonge Street, and University Avenue. Although the challenge won’t be heard until April, the cyclists aim to prevent the removal of infrastructure before the court date. A hearing for the injunction began Tuesday at the Ontario Superior Court of Justice.

The group’s lawyers have been informed by the province’s legal team that no action will be taken to remove the bike lanes before March 20, a date confirmed by the Ministry of Transportation. The plan to remove the bike lanes was fast-tracked through Bill 212 in late 2024, with the government arguing that it would ease traffic congestion in Toronto. Transportation Minister Prabmeet Sarkaria described the city’s bike lane installations as a failure, asserting that the removal would “free up” key roads.

The ongoing battle

In December, Cycle Toronto recently filed a court challenge against Bill 212, saying that the law violates cyclists’ Charter rights to life and security. The challenge was filed in Ontario’s Superior Court of Justice and seeks an injunction to prevent the removal of the bike lanes. However, that challenge won’t be heard until April, so the group wants to stall any planned removal until it is heard.

The city estimates the cost of removing the bike lanes at $48 million, a figure disputed by Premier Doug Ford. Critics argue that the removal will ultimately have little impact on traffic but could endanger cyclists. Ford has repeatedly suggested that the bike network impedes emergency services from navigating downtown efficiently. However, this claim has been debunked by multiple sources.

Furthermore, the government also cited misleading and outdated data to get support for the move. Furthermore, many say the bike lanes aren’t the reason for the gridlock. The province claims removing bike lanes will reduce congestion, citing outdated data that suggests bike commuters “clog primary roads” for 70 per cent of drivers. However, a Toronto poll showed 10 per cent of residents commute by bike, while 70 per cent use bikes for recreation or errands. Critics argue the 1.2 per cent figure cited by the government is misleading, as it includes areas without bike infrastructure, and suggest reallocating removal funds to pressing issues like hospital wait times and transit improvements.

Michael Longfield, head of CycleToronto, provided an update on Tuesday, saying that the decision is still ongoing, and there will possibly be no decision until Wednesday.