Ford administration files an appeal challenging the court decision that declares the dismantling of Toronto's bike lanes as unconstitutional
The Premier Doug Ford government has announced its intention to challenge a court ruling that deemed its plan to remove bike lanes in Toronto unconstitutional. The decision, made by Superior Court Justice Paul Schabas on July 30, has prevented the province from following through on its promise to remove bike lanes from Toronto's Bloor Street West, Yonge Street, and University Avenue.
The government's appeal, which is currently ongoing, claims that the judge made "multiple errors of law and mixed fact and law." The Ford government argues that removing a "harm-reduction" measure provided by government could not constitute a deprivation in the absence of a constitutional obligation to provide the harm-reduction measure in the first place.
The original legislation, Bill 212, was fast-tracked through the Ontario legislature in late 2024. The revised law, passed in June, changed Ontario's language from requiring the "removal" of specific bike lanes to "reconfiguring" them, so an extra lane of traffic could be added back in. However, this updated law was also found to breach the Charter by Justice Schabas, who stated that the province's move to remove bike lanes would be "inconsistent" with the constitutional protection of life, liberty, and security.
Cycle Toronto, an organization that immediately launched a Charter challenge when the original bill was introduced, has expressed support for the judge's ruling. In a statement, they claimed the law was "ill-conceived and arbitrary" and would result in an increased number of injuries and deaths.
Premier Doug Ford has expressed frustration with the ruling, stating that it is the most ridiculous decision he's ever seen and that it overrules the people of Ontario because of ideology, not because of law. However, Ford has also expressed confidence in the courts and the court of appeals, stating that he has confidence in the legal system.
The opposing party to the Ford government’s position in the announced court case is not explicitly identified in the provided search results. The government's budget for 2025 included the removal of additional lanes on Avenue Road, effectively replacing the law passed at the end of 2024. It remains to be seen how this ongoing legal battle will unfold.
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