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On Tuesday, April 22, the Ontario Superior Court issued an injunction requested by advocacy group Cycle Toronto to suspend any imminent bicycle lane removal plans until it can be determined whether the removal violates Section 7 of the Charter.
As you’ll recall, in 2024, Bill 212, Reducing Gridlock, Saving You Time Act, received Royal Assent. This Act amended the Highway Traffic Act to add Part XII.1 of additional provisions to address various matters related to bicycle lanes, including requiring Minister’s approval before constructing bicycle lanes, requiring the Minister be provided with information relating to existing bicycle lanes, allowing the Lieutenant Governor in Council to order the removal of bicycle lanes, and removing specific bicycle lanes in the City of Toronto.
The decision, issued by Justice Paul Schabas, reverses a previous court ruling that would have allowed the province to demolish bike lanes before a final ruling on the constitutional challenges. Justice Schabas found that this is a serious test to be tried, and that the application is not frivolous nor trivial. He ruled that the evidence and arguments presented by the applicants raise serious issues relating to the potential infringement of rights under Section 7 of the Charter: the applicants’ and others’ rights to life and security.
We will continue to follow this case and monitor the rollout of this legislation, as we have concerns about the potential of adding burdensome reporting requirements for municipalities. We hold firm in our belief that decisions impacting local municipalities should be made locally.