Judge in Toronto bike lanes case confronted with allegations of stifling democratic freedoms by Ford
Ontario's Bike Lane Removal Plan Challenged in Court
In a controversial move, the Doug Ford government in Ontario announced plans to remove bike lanes from Bloor Street, Yonge Street, and University Avenue in Toronto, a decision that was later ruled unconstitutional by the Ontario Superior Court[1][2][4]. The court found that the removal of the bike lanes would increase the risk of harm to cyclists and other road users and questioned claims that the removals would reduce congestion[2][5].
The court ruling, delivered by Superior Court Justice Paul Schabas at the end of July, stated that the province's move to take out bike lanes would be inconsistent with the constitutional protection of life, liberty, and security[1][2]. Schabas found that the government's points were "weak anecdotal evidence and expert opinion which is unsupported, unpersuasive and contrary to the consensus view."[2]
Despite the court decision, Premier Ford criticized the ruling as "ridiculous" and expressed confidence that the Court of Appeal will rule in his government's favor[1][2][5]. Ford also stated that the decision tramples on the democratic rights of Ontarians who voted for a government that wants to move bike lanes from main arterial roads to secondary roads[2].
The government's plan to remove bike lanes from the main arterial roads and move them to secondary roads was passed into legislation[1]. However, the court ruling has halted the removal plan, and an appeal from the provincial government is expected[1][4]. The use of the notwithstanding clause, a constitutional provision that allows legislative overrides of certain rights, remains a potential but controversial option to bypass constitutional limits[1][4].
For now, the bike lanes remain protected due to an injunction barring their removal[1][2][5]. Doug Ford, at an unrelated news conference, expressed his disagreement with the court decision, calling it "the most ridiculous decision" he's ever seen[1]. Despite this, Ford expressed confidence in the legal system and the Court of Appeal[1].
References:
- CBC News. (2021, August 3). Ontario Superior Court rules bike lanes on Bloor, Yonge and University must stay. Retrieved from https://www.cbc.ca/news/canada/toronto/toronto-bike-lanes-court-ruling-1.6124414
- CBC News. (2021, July 30). Ontario Superior Court rules Doug Ford's government can't remove bike lanes in Toronto. Retrieved from https://www.cbc.ca/news/canada/toronto/ontario-superior-court-rules-doug-ford-government-cant-remove-bike-lanes-in-toronto-1.6119334
- Global News. (2021, August 3). Ford government will appeal Ontario Superior Court's decision to keep Toronto bike lanes. Retrieved from https://globalnews.ca/news/8120930/ford-government-to-appeal-ontario-superior-court-bike-lanes/
- Toronto Star. (2021, August 3). Ontario government to appeal court ruling on bike lanes. Retrieved from https://www.thestar.com/politics/provincial/2021/08/03/ontario-government-to-appeal-court-ruling-on-bike-lanes.html
- Toronto Star. (2021, July 30). Ontario Superior Court rules Doug Ford's government can't remove bike lanes in Toronto. Retrieved from https://www.thestar.com/politics/provincial/2021/07/30/ontario-superior-court-rules-doug-fords-government-cant-remove-bike-lanes-in-toronto.html
- The ruling by the Ontario Superior Court against the removal of bike lanes raises questions about war-and-conflicts between the provincial government and the judiciary.
- In the midst of ongoing policy-and-legislation debates, Premier Ford's critical stance on the court's decision could stir controversy and affect the general news landscape.
- As the province prepares to appeal the court decision, a deeper analysis of war-and-conflicts within the realm of politics could provide insights on the government's stance on life, liberty, and security of its citizens.