An Ontario court has deemed the province’s plan to remove three major Toronto bike lanes unconstitutional.
The judge ruled Wednesday that Cycle Toronto and others “have established that removal of the target bike lanes will put people at increased risk of harm and death, which engages the right to life and security of the person.”
In December, lawyers for the Toronto cycling advocacy group and other cyclists asked the Ontario Superior Court of Justice to strike down parts of a law empowering the province to remove the 19 kilometres of protected bike lanes on Yonge Street, Bloor Street and University Avenue, and replace them with vehicle lanes.
The province has been pushing for the removals as a solution to Toronto’s traffic congestion, but cyclists and advocates say bike lanes are crucial for public safety and that removing them won’t solve traffic concerns.
Justice Paul Schabas concluded Wednesday that the bike lane removals will not reduce congestion.
In his written decision, Schabas highlighted expert evidence “which establishes that bicycle lanes, and in particular separated or protected bicycle lanes, reduce motor vehicle traffic congestion by providing an alternative method of transportation that is safer for all users of the roads.”
Schabas also said the government has the right to make decisions about roads and traffic infrastructure, but its actions may be restrained when it puts people at risk.
CBC Toronto reached out to Ontario Premier Doug Ford’s office, Toronto Mayor Olivia Chow’s office, and the office of Ontario Transportation Minister Prabmeet Sarkaria for comment.
You can read the full decision in the document below:
