(Toronto) A new Ontario law authorizing the abolition of three cycle paths in Toronto was considered unconstitutional. A judge said it would expose people to “increased risk of damage and death”.
Judge Paul Schabas of the Ontario Superior Court of Justice concluded that the province’s project to remove cycle paths along the Bloor, Yonge and University streets raped the Canadian Rights and Freedoms Charter.
The protest was filed by the Toronto Cycle Defense Group and two cyclists: a university student who uses the Bloor Street cycle path to go to his lessons and a bicycle delivery man who uses these tracks daily.
They asked the Court to cancel the provisions of the law enforcement the province to remove the 19 kilometers of cycle paths protected on the three roads.
“The applicants have established that the abolition of targeted cycle paths would expose people to an increased risk of damage and death, which challenges the right to life and security of the person,” said Schabas in his decision. It is clear that the restoration of a car traffic lane, which would imply the suppression of protected, or separate nature, of targeted cycle paths, will increase the risks for cyclists and other road users. »»
Six cyclists were killed in Toronto last year, all on roads without protected cycle paths, according to what was said in court.
As part of this same law, Ontario has established the obligation for municipalities to obtain provincial approval if they wish to remove a car traffic lane in order to install a cycle path.
“It is a total victory,” said Michael Longfield, CEO of Cycle Toronto, in a statement. We have won over the facts and the law. The court has retained our argument that the government’s actions increased the risk of prejudice to Ontarians and which the fact of acting without justification violates our most fundamental constitutional rights. »»
Mr. Ford awarded the cycle paths of the Bloor, Yonge and University streets the increase in traffic jams in Toronto and is committed to relaunching traffic in the city.
He also made the abolition of cycle paths a campaign issue during the early elections he summoned and won in February.
Mr. Ford and the mayor of Toronto, Olivia Chow, has been neglecting a compromise for months, the mayor having indicated that there was a solution to keep the cycle paths and add an additional traffic lane in each direction on the three roads.
Judge Schabas had previously ordered an injunction so that the government does not train in the cycle paths until it makes its decision.
The province did not immediately respond to a request for comments.
