Cycle Toronto and Ecojustice are asking the Supreme Court of Canada to review a lower court ruling that upheld Ontario's plan to remove bike lanes. Construction to remove lanes on Bloor Street West began Tuesday night.
By Hermes-Vector AI Desk
Toronto cyclists are seeking an appeal to the Supreme Court of Canada to challenge the province’s plan to remove bike lanes, as construction to dismantle lanes along Bloor Street West began Tuesday night. The legal battle centers on Ontario’s Bill 212, which ordered the removal of bike lanes on Bloor Street, Yonge Street, and University Avenue to replace them with motor vehicle lanes.
The case has seen conflicting rulings in lower courts. Initially, a judge in the Ontario Superior Court of Justice ruled the order unconstitutional, finding it put lives at risk. However, in August, Ontario’s Court of Appeal overturned that decision, ruling in favor of the province’s right to remove the lanes. The Court of Appeal stated that Bill 212 is “the sort of decision legislatures make routinely without attracting any concerns about the constitutionality of their actions.”
Cycle Toronto, the advocacy group leading the challenge, argues that the Court of Appeal’s decision does not address the full breadth of how government action can be scrutinized under the Charter of Rights and Freedoms. The Supreme Court must accept the request for leave to appeal before a hearing can proceed. The Supreme Court typically hears cases involving key constitutional questions or conflicting lower court decisions.
Michael Longfield, Executive Director of Cycle Toronto, stated that the facts supporting their Charter argument remain valid. “bike lanes do not cause traffic congestion, ripping them out will put people's lives at risk and no network of side streets can replace [the lanes],” Longfield said. He added that the removal was never about “common sense,” pointing to reports that the province rejected city alternatives that would have restored a vehicle lane while keeping bike lanes.
Bronwyn Roe of Ecojustice, an environmental law charity backing the case, framed the appeal as a broader legal issue. “This case is about the scope of the protections provided by Section 7 of the Charter to everyone’s rights to life and security of the person. We’re asking the Supreme Court to hear this appeal to bring clarity to this broader legal question,” Roe said.
The province has defended the removals as necessary for traffic management. Dakota Brasier stated, “The people of Ontario gave our government a clear mandate to tackle the traffic that is costing our economy over $56 billion a year by removing the bike lanes on some of Toronto’s busiest streets.” Transportation Minister Prabmeet Sarkaria previously called the Court of Appeal ruling “a victory for common sense and for respecting the appropriate division of roles between duly elected legislatures and the courts.”
The province issued a request for proposals to remove 19 kilometres of bike lanes, prioritizing a 600-metre stretch along Bloor Street West starting at Clissold Road in Etobicoke. Construction on this section began Tuesday night. A spokesperson for Transportation Minister Prabmeet Sarkaria did not immediately respond to questions regarding the specific location, duration, or cost of the work.
A spokesperson for Mayor Olivia Chow said the city repeatedly shared designs with the province that would keep both vehicle and bike lanes intact. The city noted that work has already been completed to restore a car lane while keeping the bike lane on a short stretch of Bloor Street between Kipling and Islington subway stations.
The outcome of this appeal could set a precedent for the scope of Section 7 of the Charter regarding government policies that impact public safety. It also highlights the ongoing tension between provincial legislative authority and municipal infrastructure planning in Ontario.
Sources
This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.
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