Yesterday I went to Superior Court to watch lawyers for CycleTO and Ecojustice make the case to temporarily prohibit the Ontario government from removing the Bloor, University, and Yonge St bike lanes until the full legal challenge runs its course.
The judge, Justice Firestone, has not released his decision on the injunction.
CycleTO and Ecojustice have filed a charter challenge against the Ontario government on the grounds that removing the bike lanes violates the Charter-protected rights to life and security of the person. The charter challenge will commence on April 16.
What was so interesting about the court case yesterday was reference to the release of new evidence by the province's lawyers for the judge to consider. These documents include a government-commissioned engineering report by CIMA that concluded that removing the bike lanes will increase the risk of cyclists being injured or killed, and will not reduce congestion. These documents were commissioned before the controversial Bill 212 bill to permit the bike lanes removal was introduced in the legislature.
In other words, the Conservatives knew full well that removing the bike lanes was a terrible idea for cyclists and drivers alike, yet they moved ahead with giving themselves the power to rip them out anyway.
The Conservatives have hired engineering firm Stantec to remove the bike lanes. The City of Toronto estimates removing the protected bike lanes will cost $48M, which is a colossal waste of money.
Regardless of the outcome of the injunction and the charter challenge, we will continue to advocate for safer streets for all, in the courts, in the legislature and in the streets.