Ford slams Ontario court bike lane ruling, vows to continue Hwy. 401 tunnel plan

Premier Doug Ford slammed an Ontario judge's bike lane decision Wednesday, while vowing to push ahead with his plan to build a tunnel under Highway 401.

An Ontario court struck down the provincial government's plan to remove three major Toronto bike lanes last week, a decision the government said it would appeal.

"Worst case of trampling on people's rights that I've ever seen ever," Ford told reporters at an unrelated news conference Wednesday, calling it the "most ridiculous decision I've ever seen."

Meanwhile, when asked by reporters about the Highway 401 tunnel, Ford was similarly committed to proceeding with his government's plan.

"Times have changed," Ford said. "Just because it hasn't been done before doesn't mean we can't do it."

Documents obtained by CBC News found Ford's government had studied tunneling under Highway 401, but quietly shelved the unreleased work in 2021. As Global News reported earlier on Wednesday, the work came to a stop after the province's internal analysis found a "potential for roadway collapse" and "risks to public safety."

Ford said he has been publicly talking about the tunnel since 2018. But when asked by CBC about whether the 2021 report will be released, he said that he "can't even remember [what was happening] back in 2019."

However, he said he recalls people wanted a tunnel back then, and he said this project now is a "fresh" start to mitigate traffic issues. 

Ford also spoke about negotiations with the United States, saying Canada "should never, ever take a back seat to anyone," especially U.S. President Donald Trump. 

"It's hurting American companies so they need to shift and start looking at working collaboratively with us," he said.

WATCH | Toronto residents react to court ruling against the removal of 3 major bike lanes: 

Ford vows to forge ahead on tunnel under Hwy. 401

1 day ago

Duration 0:56

Ontario Premier Doug Ford says preliminary plans for a tunnel under Highway 401 have it at 19.5 metres wide with three levels: one for eastbound traffic, one for westbound traffic, and a third for a train.

Province will appeal court ruling on bike lanes

Ford said the court's decision went against the rights of Ontarians, who had elected his government in February to "move, not eliminate" the bike lanes. 

He said his team planned to move the three bike lanes to secondary streets off of Bloor Street, Yonge Street and University Avenue.

Ford made the removal of bike lanes on Bloor Street, Yonge Street and University Avenue a campaign issue during the snap election he called and won in February, and he says the judge's ruling tramples on people's democratic rights.

Ford has already said his government plans to appeal, even as it works on a compromise with the city to both keep the bike lanes and add extra lanes for vehicle traffic.

He said he has faith that the Court of Appeal for Ontario will overturn the lower-court ruling, but in the event it does not, he did not rule out using the notwithstanding clause to save the law.

"Let's see what happens at the Court of Appeals and then we'll go from there," said Ford.

Ontario Superior Court Justice Paul Schabas ruled the lane removals would put people at an "increased risk of harm and death" and violate the Canadian Charter of Rights and Freedoms.

Schabas noted that the government had received advice from experts, reports from Toronto officials and evidence from the city and elsewhere that removing bike lanes "will not achieve the asserted goal" of the law to reduce traffic.

It's not the first time Ford has called judges' integrity into question. In April, he blasted judges he perceives as being soft on crime and floated ideas such as electing judges and offering them payouts to retire early.

Last year, Ford defended his government's appointments of two former staffers to a committee that helps select provincial judges, saying he wants "like-minded people" in appointments, not Liberals or New Democrats.

Hwy. 401 tunnel will have 3 levels, Ford says

The Highway 401 tunnel will be a ground-breaking project unlike anything else in the world, said Ford. 

While work is expected to go ahead after a new feasibility study is completed, Ford said safety will be the number one priority of the project.  

He said preliminary plans for the tunnel have it at 19.5 metres wide with three levels: one for eastbound traffic, one for westbound traffic, and a third for a train. 

WATCH | Ford government studied Hwy. 401 tunneling years before it was publicly announced: 

Reaction pours in after Ontario judge blocks Ford's bike lane removal plan

7 days ago

Duration 2:25

An Ontario court ruled against the Ford government’s plan to remove bike lanes along three major Toronto streets. CBC's Tyler Cheese has reaction from those on both sides of the debate. 

"No one's ever done that," he said. "People will be thankful [for] years to come, decades to come."

Ford claimed traffic congestion costs Ontario's economy $56 billion a year. 

The new project will not only solve traffic, but he said it will boost the economy and "get goods to market a lot faster." 

Ford said now is the time to get started on lengthy projects like this one.

"That doesn't mean everything happens tomorrow. But we have to start," he said Wednesday.

The government has begun the process to complete a new feasibility study into tunneling or building an elevated expressway above the current highway. That study isn't expected to be completed until 2027.

Despite Ford's strong words about moving forward with a tunnel, his government's request for proposals earlier this year for a new feasibility study does contemplate the possibility of a tunnel or elevated highway not being possible.

It also says the study should look at how other jurisdictions have mitigated congestion, including an evaluation of high-occupancy vehicle lanes, bus-only lanes and truck-only lanes.

The premier has said he wants to consider a tunnel from Brampton and Mississauga in the west to Scarborough and Markham in the east. The request for proposals says the study should also consider shorter tunnel lengths, and stop/start locations considering Highway 410 and 427, and Highway 404.

Tunnel project is a 'waste' of money: Green Party leader

The tunnel project is yet another example of Ford "putting his own interests ahead of" Ontarians, said Mike Schreiner, leader of the Ontario Green Party. 

Despite warnings from experts and Ministry of Transportation staff, Ford has chosen to "plow ahead with his fantasy 401 tunnel," Schreiner added. 

He told CBC Toronto that the Premier should do his "homework" before wasting time and money on projects that aren't feasible.

"Come clean, be honest with people. Let's see the feasibility study that's already been done," Schreiner said.

Ontario Liberal Party Leader Bonnie Crombie told CBC Toronto that studies always follow decisions with Ford, when they should instead guide them. 

"For a project expected to cost taxpayers over $100 billion and may never be completed, the people of Ontario deserve transparency, accountability, and real public oversight," she said.

Waterloo New Democratic Party Member of Provincial Parliament Catherine Fife said there is no independent feasibility study, clear cost estimates or public consultation for the tunnel.

"This isn't a plan, it's a fantasy at the cost of tax-paying citizens," she said. "Ford is ignoring the people of this province and charging ahead with a massive infrastructure project that engineers say could take decades and still fail to deliver results."

Fife said there are other projects ready now that could move trade more efficiently and connect communities across regions.

"Instead, Ford is fixated on a flashy, uncosted mega-project. This isn't just bad planning, it's a poor political choice."