Finally some uplifting news, the judge also used common sense and logic.
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Good for you!
The brainless premier of Alberta is attempting to do the same with Edmonton and Calgary bike lanes.
Note that they put the ruling at the bottom of the article; I didn't initially see it and was having a hard time finding the text online.
Also note that the government appears to be appealing the ruling, so probably going to be more to the story.
https://globalnews.ca/news/11311369/ontario-bike-lane-removal-plan-court-defeat/
So, I'm studying law, and this was one of the first things I analyzed. I expected the constitutional challenge would win.
I suspect if they're granted leave to appeal higher, it'll lose there, too.
But as always, there are ways the government of Ontario can push it through despite a court ruling.
This title and article confuses me. After reading the article it seems like there were a few lanes of traffic that were originally normal road lanes, but had been converted to bicycle only lanes at some point, and they are now talking about converting them back into normal traffic lanes. Where is the law in this? This sounds like a civil engineering exercise not a legal one. Did someone sue the government over this? The article title made it seem like the government was trying to ban bicycle lanes, but the article paints a very different picture.
Edit: I'm talking about the title of this post that says "Canadian judge rules law to remove bike lanes is unconstitutional, cyclists have a right to safety"
Edit 2: did the article title change after this was posted? If not this post seems to be violating the rule that the post title must match the article headline.
Ontario court strikes down Ford government's plan to remove Toronto bike lanes
Where does it say they want to ban bicycle lanes? They want to remove bicycle lanes on three main streets
What a bizarre story. Toronto voters elect a city government in favor of bike lanes, then for some reason the premier of Ontario decides he knows what Toronto needs better than Toronto voters do, and now a judge decides that removing bike lanes is somehow unconstitutional because apparently the constitution is detailed enough to specify things like that. (Does this mean that it's unconstitutional to have any roads without bike lanes, or is it just unconstitutional to remove existing bike lanes?) I drive, bike lanes piss me off, but they're a local matter that should be decided by the local government.
I'm sorry, bike lanes piss you off?
I drive, bike lanes piss me off,
You prefer cyclists ride in the regular traffic lane then? Because that's the alternative here.
because apparently the constitution is detailed enough to specify things like that.
It's impossible for laws to include every single possible detail. Lawyers and judges exist to apply generic laws to specific cases. In this case, a lawyer argued that removing bike lanes creates a saftey issue and since the constitution says the government must protect "life and security of the person", removing bike lanes goes against the constitution. The judge agreed with the argument.
bike lanes piss me off
Agreed! Most bike lanes end up being nothing more than a painted bicycle gutter.
What we truly need is dedicated cycle paths adjacent to busy roads, and low-traffic, low-speed streets in commercial or residential areas where cyclists and pedestrians are prioritized over car traffic (see the Dutch city-planning concept of autoluw)
If you're onboard with this and can afford it, chip in to Cycle Toronto since this is probably not going to be the end of it and lawyers cost money.
Sent $20. Not a lot these days, but you're right. Our warriors fought hard and will need help to keep fighting.
Only if you can afford it. There are plenty of people who cycle and can afford it and they should contribute more. I contributed a chunk.
Absolutely. I actually don't even know how to ride a bike (long story, trauma, etc) but can see with my own eyes how much it benefits transportation in this city. Literally watch from my window the daily car congestion on Bloor but see 20 bikes zip last a line of stick cars in one minute. I don't understand how people can say that cars are better.
Ironically drivers can do most to get themselves to move faster by lobbying hard for bike infrastructure and public transit (more so). The more other drivers get out of cars, the less off the number one contributor to traffic congestion. And there's tons of drivers who only drive due to lack of alternatives.
If this isn't the end, how can we hold the ontario government responsible for this ridiculous fight? We the people should not constantly be dishing out cash for legal fees to protect our own rights.
We shouldn't but this is the democratic system we live in. Voting happens at the ballot box, in the ledership races, in party fundraising, in union organizing, in the courts, in ad spending.. Turns out dollars are votes too and some have more of them than others. If curbing our rights is profitble for some with more cash, or sometimes just desirable, we'll have to raise our dollar votes against them. And if we're lucky, our ballot box votes might have made it cheaper. Never free. It's super fucking annoying and it's too much work. Improvements are possible but that's where we are today.
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The Ontario government has so much time away from provincial, region wide problems and issues that they have to take extra special time to deal with bike lanes in one city.
I am not a lawyer but it's good to know the laws and your rights.
8 months ago these were exactly my arguments.
https://lemmy.ca/post/33484844/12989513
He is legislating people without mode, means, or capability to drive are another class of person who are restricted to their rights of freedom of movement set out in the charter.
He is causing intentional risk and potential harm/suffering to people seeking liberty and livelihood.
He is saying the public streets are not yours.
If I can’t access a street as he says now, then my right to seek out and gain/maintain livelihood and to be able to move freely within Canada are unnecessarily denied.
Judge ruled that the removal of the 3 bike lanes will put ‘people at increased risk of harm and death’
The judge ruled Wednesday that Cycle Toronto and others “have established that removal of the target bike lanes will put people at increased risk of harm and death, which engages the right to life and security of the person.”
I'm no genius, but can't the exact same ruling be used in favour of urgently expanding cycling networks and infrastructure?
The lack of this infrastructure is putting "people at increased risk of harm and death, which engages the right to life and security of the person", does it not?
No, because the problem with the act was where it removed lanes already built, and the only justification provided had no evidence to support it.
The government can violate your section 7 rights, under section 1. This failed that test by being arbitrary.
Is this at risk of being overruled by the nothwithstanding clause?
I actually don’t agree that this should be a legal standard but I am glad something is blocking this asinine waste of money gimmick.
I don’t like this because if we follow the argument to its natural conclusion there should be no car lanes at all.
I’m not pro car, I love biking (despite the shitty local infrastructure where we expect cyclists to ride in lanes filled with debris like glass, nails and trash, parked cars, and those square sewer grates with bike tire sized holes, or on bike lanes that randomly end or turn into pedestrian walkway’s). I just want sensible fucking policy.
if we follow the argument to its natural conclusion there should be no car lanes at all.
That's not the argument the decision makes. The law ordered the removal of bike lanes to improve traffic. Then they could not show that removing the bike lanes would improve traffic. So they're taking an action that would endanger members of the public for no benefit.
If they could justify it then it could be saved under the reasonableness clause but they can't.
If you make the argument in a vacuum, without considering all other variables in play and the ones that would come in play at every next stage of it, then you might end up without car lanes. If you however consider thouse, then at every next step you'd have to prove to the judge that harm is done. Soon the other side would point out for example that people would die in ambulances stuck in traffic and they'll have the evidence to back it up. And that's where your car lane cutting crusade would end. You may succeed in getting rid of some more car lanes (good) but you won't get to clean them all up.
But where will suburbanites sit and cause traffic? In the other lanes?!
It's not fair. You have to understand that as an ass widens, larger vehicles become necessary. Larger vehicles means more traffic space, which requires more - and wider - lanes. There is a causal relationship here that cannot be denied.
These selfish narrow-arsed cyclists are refusing to use car lanes and insisting on segregating cars.
I for one am strongly against segregation in all its forms. Fight the power!
Well then they should just ride in the streets! They can ride on the right side of it, being passed by my F1600 SuperManlyTankMachine and the UltraMomProtector Canyenero, both of course only containing one human.
The Chevrolet court probably had a couple of Honda judges back from their Odyssey during the decision.
I also really likes the news that said, "There have been no fatalities involving cyclists this year." Great news!
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