Cyclists in Ontario are seeking to bring their fight against the removal of major bike lanes in Toronto to the attention of the Supreme Court of Canada. Cycle Toronto, a cycling advocacy charity, announced their intention to appeal to the highest court in the country on the same day that Ontario revealed plans to eliminate additional bike lanes on parts of Bloor Street W. in Etobicoke.
At a press conference on Tuesday morning, Michael Longfield, the executive director of Cycle Toronto, emphasized the importance of maintaining bike lanes for safety, citing the proven fact that bike lanes do not cause traffic congestion and that removing them could jeopardize lives. The initial ruling by a lower court deemed Ontario’s proposal to replace 19 kilometers of bike lanes with car lanes on three major roads as unconstitutional due to the increased risk it posed to cyclist safety.
Following the lower court’s decision, the Ontario Court of Appeal overturned the ruling in August, stating that the trial judge had overstepped by delving into policy and political matters. Cycle Toronto, along with other parties, is being supported by Ecojustice, an environmental law organization, and Paliare Roland Rosenberg Rothstein LLP in their quest for the Supreme Court to provide clarity on the protection of life and security under Section 7 of the Charter.
Bronwyn Roe, a staff lawyer with Ecojustice, stressed the significance of the case as a matter of national importance during the press conference, highlighting the need for clarity on rights and protection. Individuals who receive a judgment from a top provincial or territorial court can seek the Supreme Court’s consideration, although only a small percentage of cases are actually heard by the court, typically those involving critical constitutional issues, conflicting lower court decisions, or novel legal questions.