Toronto cyclists returned to Ontario’s highest court Wednesday to defend their successful challenge to the province’s plan to remove sections of the city’s protected bike lanes. The appeal centered on Bill 212, a 2024 law targeting 19 kilometres of lanes along Bloor Street, Yonge Street, and University Avenue. In a previous ruling, Justice Paul Schabas determined that dismantling protected lanes would breach cyclists’ Charter rights to life, liberty, and security, according to the CBC.
The appeal
During Wednesday’s hearing, provincial lawyers argued that the lower court had overstepped by linking bike lanes to Charter protections. Josh Hunter told the panel that taking away bike lanes, which the government is not obliged to provide, does not infringe on constitutional rights. Cara Zwibel added that congestion concerns justify the province’s actions, noting thousands of motorists and commercial vehicles use the roads and claiming traffic flow could improve without the lanes. Also present to argue against the appeal was Alberta-based advocacy group, the Canadian Constitution Federation.
The counter-appeal by advocacy groups
Cycling advocates led by Cycling Toronto, countered that evidence shows removing protected lanes would sharply increase collisions and injuries. Internal reports and city data cited in the original ruling indicated that risk to cyclists on streets without separated lanes is roughly nine times higher, while congestion impacts for drivers are minimal, as reported by the National Observer. Other groups that spoke about the importance of bike lanes included For Our Kids, Canadian Public Health, Greenpeace and The Asper Centre for Constitutional Rights.
Justice Schabas’ previous ruling also noted that the government’s attempt to amend the law mid-litigation, changing the language from “removal” to “reconfiguration,” did not address the underlying safety risks. Advocates argue this underscores the stakes: if the appeal fails, the precedent could allow future legislation to override safety evidence and put vulnerable road users at risk.
Cycle Toronto on what went down
Speaking to Canadian Cycling Magazine, Longfield was frank about the day’s proceedings. “What we heard in court on Wednesday couldn’t be clearer. You’re not stuck in traffic because of bike lanes, and, despite the premier’s bluster, the Ontario government knows it too,” he said. “They just hope you don’t care, and that there should be…
Click Here to Read the Full Original Article at Canadian Cycling Magazine…