Canadian bicycling advocacy group Cycle Toronto along with two individual cyclists, Eva Stranger-Ross and Narada Kiondo, have filed a court challenge Dec. 11 against new provincial legislation granting the Ontario government authority over the installation and removal of municipal bike lanes. The group argues that the law, Ontario Bill 212, infringes on cyclists' rights to life and security under the Canadian Charter of Rights and Freedoms. It is being represented by the firms Ecojustice and Paliare Roland LLP.

The controversial law, passed in November, enables the Ontario provincial government to bypass municipal approval processes in regulating bike lanes. Advocates argue that the legislation undermines local decision-making and public consultation while endangering cyclists by allowing abrupt removal of critical bike lane infrastructure.

The advocacy group's legal filing claims that bike lanes are essential for the safety and well-being of cyclists in a city where vehicle traffic poses significant risks. They contend that the removal of bike lanes without public input endangers lives and violates Section 7 of the Charter, which guarantees the right to life, liberty and security of the person.

Bronwyn Roe, an Ecojustice lawyer representing the challengers, said:

Bill 212 is an arbitrary and dangerous piece of legislation that violates the section 7 Charter-protected rights to life and security of the person. Countless studies show that bike lanes save lives. Removing them, without replacement routes in place and with no evidence that doing so will address traffic concerns, locks in irresponsible car-dependence and is not in the best interest of communities. We are challenging Bill 212 and the removal of bike lanes in Toronto because the Ontario government cannot be allowed to put the lives of Toronto cyclists and Ontarians at risk.

Proponents of the legislation, including Ontario Premier Doug Ford, argue that it provides flexibility to address local traffic concerns and streamline decision-making processes. Ford's government has emphasized the need to prioritize vehicular traffic flow in urban areas, which they argue has been disrupted by the proliferation of bike lanes in Toronto.

The cycling group, however, views the legislation as part of a broader trend of provincial overreach into municipal affairs. They argue that bike lanes are not just a matter of convenience but a public health necessity, particularly as cycling becomes an increasingly popular mode of transportation in Toronto.

This legal challenge comes amid heightened debates over urban planning and public safety in Ontario. Critics of the law warn that the removal of bike lanes could exacerbate road safety issues and discourage environmentally sustainable transportation options.

This development follows other recent legal challenges against provincial legislation in Ontario, including disputes over housing developments on protected lands and the use of the "notwithstanding clause" to override Charter protections. It also comes as Toronto prepares to enhance its Vision Zero strategy, which aims to eliminate traffic-related fatalities and serious injuries. 

From JURIST, Dec. 12. Used with permission.