The latest round in the push by Doug Ford’s government to remove bike lanes from three 海角社区官网streets played out in a University Avenue courtroom on Wednesday, with lawyers for the province and cycling advocates arguing over whether such a move would deprive cyclists of their rights under the Charter.
Cycle 海角社区官网and Ecojustice told Justice Paul Schabas that the government, by removing the existing bike lanes on the three target streets 鈥 Yonge, Bloor and University 鈥 would violate cyclists’ rights to life and security of person.
To be successful in their Charter challenge, the cycling advocates have to prove that the government’s legislation to remove bike lanes is a “deprivation” of those rights, and to prove that the rights were deprived arbitrarily or that the government acted “disproportionately,” the court heard.
Lawyers for the provincial government argued that because the municipality, as a body empowered by the province, created those lanes, they can just as easily be taken away by the province without constituting a “deprivation” of rights.
They also argued that, even if Schabas agreed that Charter rights had been deprived, the Ford government had acted rationally and legally in taking aim at the bike lanes.
“Two lanes can carry (more cars) than one lane,” said Josh Hunter, one of the province鈥檚 lawyers. “It may not work, but it’s not arbitrary.”
Schabas intervened regularly throughout the hearing, engaging with lawyers from each side. He prodded the attorneys for more clarity and more information, poking at their logic.
Hunter made an argument that ruling in favour of Cycle 海角社区官网would lead to a slippery slope of other traffic-management Charter challenges, over stop signs and one-way roads.
Schabas, curtly, responded, “You’re saying I can’t engage in this because the Charter shouldn’t have anything to do with traffic controls.”
Hunter disagreed, pushing forward the argument that the government has the authority to give benefits, and take them away 鈥 just as it plans to do with these bike lanes.
Schabas reserved his decision on the case 鈥 and reserved his decision on a request by cycling advocates for a temporary injunction to stop the removal of bike lanes while the judge decides on the Charter challenge.
Schabas told court his decision would come in a few days.
The hearing Wednesday follows Cycle Toronto’s loss in court a month ago, when Justice Stephen Firestone denied an application for an injunction that would have prevented the removal of bike lanes on the three main thoroughfares targeted in the Ford government’s legislation.
Removals could have started as soon as mid-March, but none of the bike lanes have been touched so far, as the city and province negotiate a potential compromise to keep the bike lanes, while also adding a lane of traffic back.听
The bike lanes installed on Bloor, Yonge and University have been at the centre of fierce debate as the city grapples with congestion that has clogged its downtown streets.
Ford and his government campaigned on removing bike lanes on the city鈥檚 major arterial roads in the months ahead of February’s provincial election. Bill 212, , was passed in November, with the government arguing that road space dedicated to cyclists was contributing to Toronto鈥檚 congestion. The government said cyclists should instead be diverted to 鈥渟econdary roads.鈥
Cycle Toronto, Ecojustice and bike lane users Eva Stanger-Ross and Narada Kiondo聽filed their Charter challenge with the Superior Court in December, arguing that the new law 鈥減uts lives at risk,鈥 and violates Charter-protected rights to life and security of person.听
A report from city staff pegged the cost of removing the bike lanes at $48 million 鈥 a cost the province has said it will cover 鈥 while only providing 鈥渕inor鈥 improvements to traffic speed long-term. Ford has said that estimate is 鈥渉ogwash.鈥
Internal Ford government documents released last month as part of the injunction hearing warned that removing the bike lanes may not ease congestion, and carried the risk of increasing collisions and negatively impacting businesses.
While the province has maintained that bike lanes are a key piece of Toronto’s congestion woes, Transportation Minister Prabmeet Sarkaria has signalled an openness to compromise with the city. The Star reported last week that one route under negotiation is a section of University Avenue, near hospital row, that could see on-street parking eliminated to keep the existing bike lanes and restore two car lanes.
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