Ontario takes 1st step to appeal injunction preventing it from removing Toronto bike lanes
Injunction pauses provincial plan to rip out bike lanes until Charter challenge heard
The Ontario government has taken its first step to appeal a temporary injunction that prevents it from ripping up three Toronto bike lanes until a judge decides whether its plan to remove them is unconstitutional.
On Wednesday, the Ministry of the Attorney General filed what is called a notice of motion for leave to appeal an April 22 decision by Superior Court Justice Paul Schabas.
In that decision, Schabas ordered the government not demolish the bike lanes on Bloor Street, Yonge Street and University Avenue until he makes a decision on a Charter challenge by cycling advocates of provincial legislation. The injunction is in force until he rules on the challenge.
Schabas said in his ruling that failure to issue an injunction would "cause more harm and inconvenience to the public interest" than allowing the legislation to be implemented, and that the government did not provide evidence about the process by which it would remove the lanes or what it plans to put in their place.
Asked why it seeks to overturn the injunction, the ministry said in an email on Wednesday that Ontario wants to proceed with its plans.
"As we've always said, we need to keep our busiest roads moving and that's exactly what we're doing," ministry spokesperson Dakota Brasier said.
Decision to appeal 'fuelled by spite,' advocates say
Cycle Toronto, an advocacy group that says it works to make Toronto a "healthy, safe and vibrant cycling city for all," said in a statement on Wednesday that the government is ignoring what its own experts have told it.
"The facts are clear: ripping out bike lanes won't solve congestion and will put people's lives at risk. The provincial government's own experts agree. Today the provincial government confirmed they don't care about the facts," the group said in the statement.
"Today's decision by the province is a distraction, fuelled by spite, coming off last week's rant from the Premier that had a few inconsistencies with the truth and seriously undermined judiciary independence."
Last week, Premier Doug Ford went on a rant about some provincial judges, arguing they are soft on crime and interfering in municipal issues based on ideology, and floated the idea of electing judges in Canada as is done in parts of the U.S. He also singled out the injunction, saying the province planned to appeal it.
"We get democratically elected, and some judge slaps an injunction on bike lanes. Don't the judges have anything better to do than worry about if we're taking out bike lanes or not taking out bike lanes?" Ford had said.
The province gave itself the power last year to remove 19 kilometres of protected bike lanes, despite the objections of the city. It passed a law that requires cities to seek provincial approval to install new lanes that cut into vehicle traffic.
In the injunction, Schabas said: "The construction costs associated with building, and demolishing, these bike lanes is significant. It is likely that the bike lanes are more easily removed than rebuilt or restored."
With files from Adam Carter, Lane Harrison and The Canadian Press