Court challenge filed against Ford government’s anti-bike lane law

A coalition of cycling advocates has launched a court challenge against Ontario’s new provincial legislation mandating the removal of Toronto’s busiest protected bike lanes.

The lawsuit, filed Tuesday by Cycle Toronto and individual cyclists Eva Stanger-Ross and Narada Kiondo, argues the law violates Charter rights to life and security for cyclists and pedestrians.

“Without those protected lanes, drivers don't think about the cyclists they're sharing the road with. I’ve launched this case along with my co-applicants because our safety should be the government’s top priority. Bike lanes save lives,” Stanger-Ross said.

Represented by lawyers from Ecojustice, the plaintiffs contend that removing bike lanes increases the risk of harm to cyclists and pedestrians, infringing on section seven of the Canadian Charter of Rights and Freedoms, which guarantees the right to life and security of the person.

Ontario’s Bill 212, known as the Reducing Gridlock, Saving You Time Act, grants the Ford government unilateral authority to remove municipal bike lanes. One of the provisions requires the Ontario Minister of Transportation to remove bike lanes on three major Toronto streets: Bloor Street, University Avenue and Yonge Street. The government justifies these removals by claiming they alleviate traffic congestion and improve emergency response times, but no evidence has been provided to support these claims.

Ecojustice lawyer Bronwyn Roe condemned the legislation as “arbitrary and dangerous.” 

Roe told Canada's National Observer that the legal notices of the lawsuit were served to Ontario’s Minister of Transportation and the Attorney General. 

Roe said studies show bike lanes save lives. Removing them without alternatives or evidence of improved traffic outcomes reinforces harmful car dependence and undermines community safety. 

“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.” 

Since the government plans to start removing sections of bike lanes by the end of December, the group will likely seek an interim injunction to prevent the removals very soon, Roe said.

“Bill 212 puts lives at risk. It is not about tackling congestion, working with municipalities for data-driven solutions, or giving people more transportation options,” said Michael Longfield, executive director of Cycle Toronto in a statement.  “It is unprecedented jurisdictional overreach undermining local democracy that will cost taxpayers millions of dollars and jeopardize the safety of cyclists.” 

The new legislation also shields the province from lawsuits if cyclists are injured or killed on streets where bike lanes are removed.

In response to the lawsuit, Dakota Brasier, director of media relations for the Minister of Transportation, defended the government's position by emphasizing the economic and societal impacts of gridlock. Brasier pointed to a recent report highlighting that gridlock costs Ontario’s economy $56 billion annually and eliminates 88,000 jobs each year.

"Gridlock is at an all time high and we need to deliver on our plan to keep people moving by bringing sanity back to bike lanes and building new roads, highways and transit,” said Brasier in an email response to Canada's National Observer.  “We can’t let activists who represent less than one per cent of the population force families to sit in traffic any longer.”

Stanger-Ross says she bikes to school daily, relying on the separated bike lanes the Ontario government intends to remove. “This puts my safety and the safety of countless other commuter bikers at risk,” she said. “

Roe said evidence demonstrates that Toronto's bike lanes have improved safety since their installation. She noted that separated bike lanes reduce collisions between cyclists and motorists, lower injury rates and enhance overall road safety.

Cyclists would still need to use these routes but would be forced to do so in mixed traffic, which is far less safe, she added.

The new rules would require municipalities to get provincial approval before installing bike lanes that reduce vehicle lanes.

The government argues the bill aims to “make life easier for drivers” and reduce traffic congestion deemed the worst in North America. Yet, an Ontario cabinet briefing document reveals that eliminating bike lanes will not resolve congestion problems and could instead worsen congestion.

A new $6.2-million transportation study obtained by the Toronto Star has revealed that more people cycle in the city than Ford has publicly acknowledged in his push to limit bike lanes. According to the Transportation Tomorrow survey, 3.1 per cent of residents commute to work by bike each morning — three times more than the one per cent Ford frequently cites. The study also found that bike usage is growing steadily, with 164,806 daily cycling trips in Toronto.

The City of Toronto estimates the cost to taxpayers for removing these bike lanes could reach $48 million, with the city already investing $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.