Ontario’s Controversial Bike Lane Removal Policy: Legal and Safety Concerns
The Ford government’s recent decision to remove bike lanes on major Toronto streets, such as Bloor Street, Yonge Street, and University Avenue, has stirred significant debate. Compounding the controversy, the government has proposed a ban on lawsuits against the province if cyclists are injured or killed on these roads. Ontario Transportation Minister Prabmeet Sarkaria has also advised cyclists to avoid these stretches for their own safety once the bike lanes are removed.
With safety concerns mounting, many are asking: Can the government legally shield itself from responsibility, and what does this mean for cyclists? To unpack the legal complexities of this issue, Ottawa Now with Kristy Cameron invited Brenda Hollingsworth to share her insights.
Can the Province Legally Shield Itself?
From a legal standpoint, the province has the authority to enact legislation that limits liability. Similar precedents exist, such as restrictions placed on lawsuits for slip-and-fall incidents on certain properties. This falls within the province’s jurisdiction to create laws that prevent legal action under specific circumstances.
However, existing laws still provide some protections for cyclists. The Highway Traffic Act places an onus on drivers to be aware of and avoid harming cyclists. In car-versus-cyclist accidents, drivers typically bear the burden of proving they were not negligent. Furthermore, all Ontario drivers carry liability insurance, ensuring that funds are available in cases of serious injury, even in the absence of direct recourse against the province.
Safety Risks Without Bike Lanes
The removal of bike lanes in high-traffic areas poses significant safety concerns. Without designated lanes, cyclists must share the road with a large volume of vehicles, increasing the potential for accidents. While laws protect cyclists to some extent, such measures do not eliminate the physical dangers associated with cycling on roads not designed to accommodate them.
Precedents for Government Insulation from Lawsuits
This proposal to shield the province from legal action is unprecedented in the context of transportation. While there was previous discussion about limiting lawsuits related to long-term care homes following the COVID-19 pandemic, such measures have not been applied to transportation infrastructure. This makes the current proposal unique and raises questions about government accountability in ensuring public safety.
Challenges of Suing the Government
Suing a government for policy decisions, such as removing bike lanes, is difficult. There is a distinction between policy decisions and operational actions. For example, if snow removal is poorly executed, it may be possible to hold the government accountable because this is an operational failure. However, decisions related to policy are harder to challenge legally.
Under Canada’s constitutional framework, addressing dissatisfaction with government policies typically happens through democratic processes, such as voting, rather than through the courts.
