Protected bike lanes in Toronto must remain in place for now, an Ontario judge ruled on Tuesday.
An appeal by the Ford government failed to overturn a previous ruling that ordered the bike lanes to remain. A Superior Court judge said the bike lanes can’t be removed until an ongoing Charter challenge is resolved.
The challenge, brought by Cycle Toronto and two individual applicants, targets the Ford government’s anti-bike lane legislation, Bill 212 — the Reducing Gridlock, Saving You Time Act — and argues that removing the lanes violates Charter rights to life and security of the person, and puts cyclists’ lives at risk.
The bill grants the Ford government unilateral authority to remove municipal bike lanes. One of the provisions requires the provincial transportation minister to remove bike lanes on the three major Toronto streets.
The government claims the change will alleviate traffic congestion and improve emergency response times, but no evidence has been provided to support this; meanwhile, opponents introduced government reports into evidence that suggested the bike lane removals could cause a rise in collisions without saving any commuting time.
In April, an Ontario Superior Court judge granted a temporary injunction to prevent the government from removing the bike lanes while the case is being considered. In May, the Ford government sought leave to appeal the injunction. But in Tuesday’s decision, the court rejected the request and upheld the injunction.
Michael Longfield, executive director of Cycle Toronto, told Canada’s National Observer that the court’s decision to reject the Ford government’s appeal is a strong signal the case is being taken seriously.
A Superior Court judge said the bike lanes can’t be removed until an ongoing Charter challenge is resolved.
“We’re obviously very pleased about this decision,” Longfield said. “With this legal decision, I think it’s a good opportunity for the province to sort of abandon this bad faith culture war and instead collaborate with municipalities on real, data-driven solutions to give people more transportation options.”
Dakota Brasier, director of media relations for Ontario’s transportation minister, said the government will continue with the design work needed to begin removing bike lanes and get some of the province’s “busiest roads moving as soon as possible.”
“While we respect the court’s decision, our government was elected with a clear mandate to get people out of traffic by restoring driving lanes,” Brasier said.
Bronwyn Roe, a lawyer at Ecojustice representing the applicants, welcomed the court’s decision and said the evidence clearly shows that removing heavily used, protected bike lanes on major Toronto routes would put cyclists’ lives at risk.
“The government cannot be allowed to jeopardize the safety of Ontarians or violate the Charter-protected rights to life and security of the person,” Roe said in a statement.
Looking ahead, Longfield stressed the importance of a full court victory, saying it could help set a precedent for the protection of cycling infrastructure in the future. At the same time, he believed there was still time for the province to reconsider whether the legislation was truly in the public interest.
The City of Toronto estimates the cost to taxpayers for removing the bike lanes could reach $48 million, with the city having already invested $27 million in their construction. Restoring vehicle lanes will likely offer minimal improvements in travel time and undermine the public health, environmental and economic benefits of active transportation, the report warns.
Bike Share Toronto has experienced impressive growth, with memberships doubling from 18,000 in 2020 to more than 35,000 in 2023, the report notes. Total trips by bike share surged from 2.9 million in 2020 to 5.7 million in 2023.
