Ontario’s bill to remove certain bike lanes to be tested with Charter challenge

An Ontario law empowering the province to remove three major Toronto bike lanes is being tested in court by a group of cyclists who argue it’s unconstitutional.

The law passed last year allows the province to remove protected bike lanes on Yonge Street, Bloor Street and University Avenue, and aims to shield the government from lawsuits if someone is hurt after they’ve been taken out.

Premier Doug Ford’s Progressive Conservative government has said the law, which also requires municipalities across Ontario to get the province’s approval for certain new bike lanes, is intended to help fight traffic gridlock.

Lawyers for the cyclists are arguing in court that the government’s own internal advice suggests taking out the bike lanes could increase collisions while maintaining or even increasing congestion.

They argue the law is a violation of their constitutional right to life by putting them at increased risk of harm or death.

A crowd of cycling supporters piled into the Ontario Superior Court of Justice on University Avenue for Wednesday’s hearing.

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A spokesperson for Ontario’s Attorney General said it would be inappropriate to comment on the case while it’s before the court.

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Cycling advocates seek court injunction to save Toronto bike lanes

The issue has sparked protests and pushback from the City of Toronto. Mayor Olivia Chow and the city have proposed a solution to the province that would allow for a car lane to be returned to those roads while also keeping a bike lane.

A spokesperson for Chow said the mayor is committed to achieving a “win-win solution with the province.”

“Discussions with the province are ongoing,” Zeus Eden said in a statement.

Earlier this month, a spokesperson for the transportation minister suggested the government was open to collaboration with the city, provided it funds its portion of infrastructure needs.

Ford ran his re-election campaign, in part, on a promise to reduce traffic congestion. The issue came to a head when the city implemented a bike lane on Bloor Street, not far from the premier’s home.

The premier has said he’s not against bike lanes but prefers them on secondary routes. Lawyers for the cyclists argue there’s no evidence that cyclists would avoid arterial roads and cite Toronto’s city manager as saying there’s no feasible parallel alternative that wouldn’t cut into traffic lanes.

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