Doug Ford says the provincial government will appeal the Ontario Superior Court’s decision to grant an injunction that blocks the removal of several bike lanes in Toronto.
“But those bike lanes are coming out one way or another,” Ford said at a press conference in Mississauga Wednesday morning.
“We're appealing it, because judges should not determine items like bike lanes.”
The Ford government has committed to removing bike lanes along Bloor Street, Yonge Street and University Avenue.
In his ruling, Justice Paul Schabas stated that denying the injunction “will cause more harm and inconvenience to the public interest.”
The injunction will remain in place until Schabas delivers a decision on a broader Charter challenge, in which cycling advocates are seeking to block the removal of the bike lanes on the basis that it would breach riders’ rights to life and security of the person.
Andrew Lewis, one of the lead lawyers for the applicants, says that Ford doesn’t “have a right to appeal the decision” but instead would need to seek leave to appeal.
This is essentially a two-step process, which first involves requesting permission from a court to appeal the decision, then, if granted, a direct appeal can be considered.
Michael Longfield, executive director of Cycle Toronto — a member-supported charity that advocates for a healthy cycling culture in the city — says the provincial government should focus on “evidence-based solutions.”
“I think if the premier and the minister spent the current energy that they're spending on trying to move this arbitrary and reckless legislation forward on real solutions — like getting the Eglinton Crosstown open, getting the Finch LRT opened — that would actually be in the best interest of all Torontonians,” he said.
Longfield also emphasized the safety risks of removing bike lanes, warning that eliminating infrastructure meant to protect cyclists comes at a dangerous cost.
He noted that Ford was standing in front of a podium that said “Protect Ontario” when he announced the government would appeal the injunction.
“Ripping out bike lanes will put people’s lives at risk,” he said.
Transportation Minister Prabmeet Sarkaria said a big part of the Progressive Conservatives' mandate is to “get people moving," and he committed to moving forward with the appeal.
“This is within our legal right to appeal and that's exactly what we will be pursuing,” Sarkaria said.
Ford’s remarks reflect his growing frustration with the role of the courts in government decisions.
He accused the judge in this case of deciding on the injunction based on “ideology,” rather than law.
“What right do they have?” he asked, referring to “unelected politically appointed judges.”
“We got elected democratically. Last time I checked, there hasn't been any judges elected. Maybe that's the problem. We should do what the U.S. does. Let's start electing our judges, holding them accountable,” he said.
Back in March, a different judge acknowledged the seriousness of the matter but declined to grant an injunction, arguing that the applicants failed to meet the "heavy burden" of convincing the court to override the government's policy judgment.
In contrast, Schabas expressed doubt that removing the bike lanes would benefit the public. He pointed to evidence suggesting the changes would have “little or no impact” on traffic congestion, contrary to the government’s position.
